During the hearing, he asked for the marriage to be dissolved on the grounds of adultery and for custody of their children. He revealed that they had been living together for over 22 years, without the payment of a dowry.
This was his third time taking her to court on adultery charges. Mrs. Ajagunigbala admitted to having a sexual relationship with a late herbalist, claiming it was due to her husband’s lack of care.
The court ruled that the marriage was illegal since no dowry was paid, allowing them to go their separate ways.
“Having gone through all the oral evidence presented before this Court, it was discovered that there was no legal customary marriage between parties herein and there is no marriage available between parties to dissolve”.
“The Court hereby order that the parties are now free to go on their own without disturbing the peace of each other.”
Pastor Ajagunigbala, the petitioner, was directed by the Court to assume complete responsibility for the well-being and schooling of the two youngest children resulting from the union, as they are still minors.
“On the issue of the custody of the children, the Court can only order on the last two children of the marriage because they are yet to reach the age of majority. The first two children are free to decide under whose care they can live between the two parties because they are no longer minors.”
“However, the Court order that the last two children of the association (Olarewaju and Victoria Ajagunigbala) are to be with the petitioner and the petitioner is to be responsible for their welfare and education,” the court ordered.
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