[SAMPLE OF PETITION FOR NULLITY OF MARRIAGE]
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
MORENIKE BABATUNDE .……………………………… PETITIONER
AND
CHRISTIAN BABATUNDE ………………….………………………… RESPONDENT
PETITION FOR DECREE OF NULLITY OF MARRIAGE
To: The above named High Court
The Petitioner, whose address is House 4, Allen Avenue, Ikeja, Lagos State and who is an Accountant petitions this Honourable Court for a decree of nullity of marriage against the Respondent whose address is 17, Allen Avenue, Ikeja, Lagos State and who is a Banker on the ground that the marriage between the Petitioner and the Respondent is void by reasons of the facts to be herein stated.
- GROUND FOR THE NULLITY OF MARRIAGE
That the marriage is void and thereby a nullity.
- MARRIAGE
- The Respondent, who was previously married under customary rites to one Taiwo Osho, married the Petitioner on the 20th of January 2017 at the Federal Marriage Registry, Ikoyi, Lagos State.
- The surname of the Petitioner immediately before marriage was
- BIRTH OF PETITIONER AND RESPONDENT
The Petitioner was born on the 15th of January 1981 in Nigeria and the Respondent was born on the 30th of October 1988 in Nigeria.
- DOMICILE OR RESIDENCE
The Petitioner and the Respondent are within the Act, domiciled in Nigeria. The facts on which the court will be asked to find that the Petitioners and the Respondent are so domiciled in Nigeria are as follows:
- The Petitioner is a Nigerian and have domicile of origin in Nigeria and have never changed or abandoned that domicile.
- The Petitioner and the Respondent are Nigerian citizen by birth.
- 5. CO-HABITATION
Particulars of the places at which and periods during which the Petitioner and the Respondent have cohabited are as follows:
- The Petitioner and Respondent never lived together during the marriage.
6.CHILDREN
NIL
7. PREVIOUS PROCEEDINGS
Since the marriage, there have not been any previous proceedings in a court between the Petitioner and the Respondent.
8. FACTS SUPPORTING THE GROUND FOR THE PETITION
The facts relied on by the Petitioner as constituting the ground specified above are as follows:
- That the Petitioner was married to the Respondent by virtue of a marriage contracted on the 20th of January, 2017 at the Federal Marriage Registry, Ikoyi, Lagos State.
- That prior to the marriage, the Respondent did not inform the Petitioner that he had previously been married under the Yoruba customary law to any other person.
- Prior to the marriage, the Respondent represented himself to be single to the Petitioner.
- The Respondent’s single status was conspicuously reflected on the marriage certificate dated the 20th of January 2017.
- The Petitioner proceeded to marry the Respondent, believing his words to be true.
- That sometime around April 2018, the Petitioner was confronted by one Mrs Adesayo Babatunde claiming the Respondent was lawfully married to her under the Yoruba native law.
- After constant demand for answer by the Petitioner, the Respondent eventually confessed and admitted that he was indeed married under the Yoruba native law to one Adesayo Babatunde before the solemnization between him and the Petitioner.
- The Respondent admitted that his previous marriage was conducted in accordance with the Yoruba tradition and dowry was paid to the family of the Adesayo Babatunde
- That the Petitioner has now realized that in accordance with the provisions of the Matrimonial Causes Act LFN 2004, the marriage conducted between the Petitioner and the Respondent on the 20th of January 2017 is void ab initio, since the Respondent is already lawfully married in accordance with the Yoruba native law to another person other than the Petitioner prior before the marriage between the Petitioner and Respondent.
- ORDERS SOUGHT
The Petitioner seeks the following orders:
- A DECREE of nullity of marriage contracted between the Petitioner and the Respondent on the 20th of January, 2017 the Federal Marriage Registry, Lagos State on the ground that the marriage is void.
SETTLEMENT OF THIS PETITION
This Petition was settled by MAYBERRY LAW FIRM, Legal Practitioners to the Petitioner.
File on the ……… day of ……………… 2020.
By ……………………………………………….
On behalf of the Petitioner whose address for service is C/o His Solicitors Resolution Law Firm ……………………………………………………………
_____________________________
OLUFEMI MAYBERRY ESQ
KUNLE IDRIS ESQ
PETITIONER’S COUNSEL
MAYBERRY LAW FIRM
17, Allen Avenue,
Ikeja, Lagos.
mayberrylawfirm@gmail.com
FOR SERVICE ON:
THE RESPONDENT
MORENIKE BABATUNDE
NO 321, AWOLOWO ROAD
IKOYI, LAGOS
LAGOS STATE.
