DOMESTIC VIOLENCE: GROUND FOR DISSOLUTION OF MARRIAGE AND ITS CRIMINAL IMPLICATIONS

The implications of domestic violence you should know

CHAMAN LAW FIRM

1/27/2022 3 min read

DOMESTIC VIOLENCE: GROUND FOR DISSOLUTION OF MARRIAGE AND ITS CRIMINAL IMPLICATIONS

INTRODUCTION:

The divorce laws and the process of divorce in Nigeria are topical issues for any person contemplating a divorce in Nigeria. The divorce is clearly not an extremely pleasant subject to discuss, considering its effect. However, it is important for any person seeking to divorce to be fully acquainted with the process.

DIVORCE LAWS IN NIGERIA.

The major laws guiding the divorce process in Nigeria are Matrimonial Causes Act (MCA) LFN 1990 and Matrimonial Causes Rules. These are not only laws bothering on divorce in Nigeria. There are several judicial decisions that are instrumental to the totality of laws guiding the divorce process in Nigeria.

GROUND FOR DIVORCE

In accordance with the provisions of the MCA, there can only be one ground upon which a court is actually entitled to dissolve a marriage, which is that the marriage has broken down irretrievably. Nevertheless, there are actually eight various species or perhaps classes of the breakdowns. The eight classes shall be restated as follows:

1.      that the respondent has persistently and willfully refused to consummate the marriage;

2.    that since the marriage the Respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

3.    that since the marriage the respondent has behaved in such a manner that the petitioner can't reasonably be expected to live with the respondent;

4.    that the respondent has deserted the petitioner for a constant period of at least one year immediately preceding the presentation of the petition;

5.     that the parties to the marriage have lived apart for a constant period of a minimum of 2 years immediately preceding the presentation of the respondent as well as the petition doesn't object to a decree being granted;

6.    that the parties to the marriage have lived apart for a constant period of a minimum of 3 years immediately preceding the presentation of the petition;

7.     that the other party to the marriage has, for a period of not less than one year failed to comply with a decree or perhaps restitution of conjugal rights made under that Act;

8.    that the other party to the marriage has been absent from the petitioner for time that is such and in circumstances that are such as to provide good grounds for presuming that he or perhaps she's dead.

By and large, it's obvious the reasons for grounds for the description of marriage are actually expanded enough to contain most of the issues couple ordinarily raised in the divorce. Nevertheless, each and every one of them may also pose huge difficulties to establish in court. A party contemplating dissolution of marriage should contact a lawyer to discuss the specific reasons upon which the divorce is actually being sought and for more explanation on every one of the species of the breakdown and the way they fit into individual circumstances.

 

LAWS AGAINST DOMESTIC ABUSE IN NIGERIA

Domestic abuse is the intentional and persistent abuse of anyone in the home in a way that causes pain, distress or injury; it can also be defined as a situation where a particular person is subjected to an act of force in the home which causes pain either physically, emotionally. Psychologically and which infringes on the person's rights. In Nigeria, women and girls are particularly subjected to multiple forms of violence and domestic abuse in the homes.

TYPES OF DOMESTIC ABUSE

Physical Abuse - Physical abuse can be defined as a maltreatment of a person which can result in harmful and adverse effects in respect of his or her physical health Physical abuse may involve hitting, shaking throwing, poisoning, drowning. Suffocating, burning or scalding a person. A recent form of violence against women in Nigeria is the use of acids.

Psychological and Emotional Abuse - this Includes neglect, lack of proper care, verbal Insults and generally interactions where the victim's feeling of self-worth is attacked and diminished.

LAWS THAT PREVENT DOMESTIC ABUSE IN NIGERIA

       i.            Violence against Person's Prohibition Act (VAPP) - This Law was passed in 2015 and it covers issues of sexual abuse and rape, domestic violence, and other related crimes. It was passed as a law only applicable in the FCT Abuja however a number of States around the country have now passed their own versions of the Law applicable in the respective States. These States are Anambra, Bauchi, Ekiti, Enugnu Kaduna, and Oyo. Under the Law, the National Agency for Prohibition of Trafficking in Persons (NAPTIP) has been mandated to administer the provisions of the Act.

  1. Protection against Domestic Violence Law- (PADVL) - This Law was passed in 2007 and is only applicable in Lagos State. It specifies different types of domestic violence including things like sexual abuse exploitation, starvation, emotional verbal and psychological abuse, economic abuse and exploitation, denial of basic harassment and intimidation.

 

In conclusion, domestic violence is a criminal offence under the Nigeria Legal system, that has been domesticated by various state of the federation and the penalty is spelt out in the Act. In accordance to provision of Section 15(2) (c) domestic violence construe an act that the petitioner can't reasonably be expected to live with the respondent.

 

WRITTEN BY: CHAMAN LAW FIRM TEAM

E-MAIL: chamanlawfirm@gmail.com / info.chamanlawfirm.com

TEL: 08065553671, 08024230080