By Kingsley Nwachukwu

In the context of marriages solemnized under the Marriage Act, the legal framework governing the dissolution of such unions is encapsulated within the Matrimonial Causes Act (MCA). It is within this legislative instrument that the conditions under which a marriage may be dissolved are delineated.

Pursuant to Section 15(1) of the Matrimonial Causes Act, the solitary ground upon which a petition for the dissolution of marriage may be predicated is that the marriage has irretrievably broken down. The specific circumstances or factual matrices that may be adduced as evidence to substantiate this ground are enumerated under Section 15(2)(a)-(e) of the Act, as elucidated hereunder:

Section 15(2)

The following facts, or any combination thereof, may be cited as evidence of the breakdown of a marriage:

That the respondent has behaved in such a manner that the petitioner cannot reasonably be expected to continue to cohabit with the respondent;
That the respondent has committed adultery and the petitioner finds it intolerable to continue living with the respondent;
That the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition;
That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition, and the respondent consents to the dissolution of the marriage;
That the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition.
In view of the principle of “expressio unius est exclusio alterius” the express mention of one thing excludes all others, it may be posited that the absence of an explicit reference to physical or emotional abuse within these provisions implies their exclusion as valid grounds for dissolution. However, this presumption warrants closer scrutiny.

An examination of Section 15(2)(a) reveals that it encompasses scenarios wherein the respondent has exhibited behaviour of such a nature that it becomes unreasonable to expect the petitioner to continue residing with the respondent. The phraseology employed here is deliberately broad, encapsulating a wide array of conduct that could render continued cohabitation untenable.

It is within this expansive scope that both physical and emotional abuse can be situated. Acts of physical violence or persistent emotional torment, such as derogatory insults, threats, or psychological manipulation, would undeniably create an intolerable living environment. Such conduct unequivocally satisfies the statutory criterion of rendering it unreasonable for one spouse to continue residing with the other.

Case laws such as the decision in Ogunbiyi v. Ogunbiyi, further reinforces this interpretation. The court therein affirmed that both physical and emotional abuse constitute legitimate grounds for the dissolution of marriage, recognizing the deleterious impact such abuse has on the dignity and mental well-being of the aggrieved spouse.

Accordingly, a spouse who endures physical and/or emotional abuse is well within their legal rights to petition for the dissolution of the marriage. In advancing such a petition, it is imperative to provide cogent and compelling evidence, such as photographic documentation or medical records, to substantiate the claims of abuse.

Thus, while the statutory provisions may not explicitly enumerate physical or emotional abuse as grounds for dissolution, the legal framework is sufficiently flexible to encompass these forms of misconduct within the broader context of irretrievable breakdown due to unreasonable behaviour.

Kingsley Nwachukwu is a litigation expert with a strong focus on Divorce Litigation and Data Privacy. As the Principal Attorney at AFRILAW ATTORNEYS, he brings years of experience in navigating complex legal challenges. Kingsley is dedicated to providing strategic legal counsel and representation, ensuring his clients’ rights are protected. His work is characterized by a combination of legal expertise and a deep commitment to client advocacy.

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