That much to his surprise, his wife left the marital home and travelled to Cotonou ; That he
would like the court to note that his wife has deserted the marital home ; That in any event, he
loves his wife and is against the divorce she seeks ;
Ill• LEGAL ARGUMENTS
1°) AS CONCERNS THE DIVORCE:
The petitioner in support of her case accused her husband of serious injury, verbal abuse and
cruelty;
Whereas according to the provisions of article 352 of the Persons and Family Code, a husband
may apply for divorce for wrongdoing on grounds of abuse, cruelty and serious injury making
marital life unbearable and the woman may ask for divorce, when her husband refuses to carter
to the basic needs of housing, clothing, feeding and health care ;
Whereas in this particular, it has constantly been seen in the proceedings and case documents
that Sadio COULIBALY was assaulted and battered following a dispute around the fact that she
wanted to work; That following this dispute, her husband threatened to kill her if she continued
with this demand; That these beatings and threats can effectively be considered excessive and
injury, making their marital life unbearable; That in these conditions, given that the grievances
constitute the grounds for divorce as stated in the provisions of the above-mentioned article, it is
therefore appropriate to declare her suit admissible and rule to give due consideration to all her
claims;
Whereas the husband is also accusing his wife Sadio COULIBALY of criminal desertion of the
marital home;
Whereas in this particular case, it is undisputed as established by the proceedings held with both
parties present, that Sadio, with regards to the violence inflicted on her by her husband and
threats made, wilfully left the marital home ;
That this desertion can purely and simply be seen as serious injury rendering marital life
unbearable;
Whereas the facts established against Sadio COULIBALY also constitute grounds for divorce as
spelt out in the provisions of article 352 of the Persons and Family Code;
That in these conditions, given that both spouses made mistakes, it is appropriate to order the
divorce of the couple on account of the fault of both parties;
Furthermore, the spouses having both been found guilty, it is necessary to order both of them to
pay costs, in accordance with the provisions of article 332 of the Persons and Family Code.