On 31st January 2003 the Petitioner moved out of the matrimonial home for the
sanity of her child and herself and has since been continuously living apart from
her husband.
The Petitioner by her Amended Petition dated 14th March 2006 prayed the lower
Court for the following reliefs against the Respondent:"(a) A decree of Dissolution of marriage on the grounds of cruelty, desertion for at
least one year and having lived apart for a period of three years.
(b) An Order awarding the Petitioner custody of the child of the marriage.
(c) Maintenance Order for the Petitioner and the child of the marriage."
The Respondent filed an answer dated 31st May, 2006 in which he denied all the
averments of the Petitioner other than the fact that they were lawfully married.
He denied ever marrying another woman nor did he bring any woman into their
matrimonial home. He alleged that the Petitioner was persistently quarrelling
with his two daughters of his previous marriage and that her departure from their
matrimonial home according to the Respondent was Petitioner's unilateral
decision.
The lower Court in its judgment delivered on 18th February, 2008 granted all the
three reliefs sought by the Petitioner and made the following Order for the
maintenance of the Petitioner and the child of the marriage:"1. The Respondent is hereby ordered to pay the sum of N40,000.00 (Forty
Thousand Naira) per quarter towards the upkeep of the only child of the
marriage. Respondent is further ordered to pay the sum of N25,000.00 (Twenty
five Thousand Naira) per term for Oluwaseyi's school fees. He shall be financially
responsible for her education up to tertiary level,