An applicant with dirty hands may be granted maintenance if it is adjudged that
the interest of the child of the marriage which is paramount compels it.
A husband has a duty under the common law to maintain his wife and his
children.It is the right of the wife and the child to demand that they be so
maintained.
Where a husband neglects to discharge his responsibility of maintaining his wife
and children he can be compelled by law. The duty to provide maintenance
entails the provision of food (balanced diet), clean water, clothing and shelter by
the husband.
A man who discharges this duty efficiently acquires for himself the title or
appellation of Bread Winner.
The importance of providing necessaries to the family is captured by the
Constitution of the Federal Republic of Nigeria 1999 under Section 17(3)(h) which
enjoins the State to encourage the promotion of family life.. It also stipulates
under Section 17(3)(f),{g) that the State has a duty towards ensuring that children
are protected against material neglect and to provide assistance in deserving
cases.
In Nanna v. Nanna (2006 3 NWLR Pt. 966 page 1 at 41 Abba Aji J.C.A. said on the
duty of Husband to maintain his wife and children thus:"The law has clearly provided for the criteria to be followed. A man has a common
law duty to maintain his wife and his children and such a wife and child or
children have a right to be so maintained. The right of a wife and child to
maintenance is not contractual in nature. The husband is obliged to maintain his
wife and may by law be compelled to find them necessaries, as meat, drink,
clothes et cetera, suitable to the husband's degree, estate or circumstance.
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