‘Lack of Love Not Sufficient’ – Court Refuses To Dissolve 43-year-old Marriage In Akwa Ibom

By SituationREPORT –

An Akwa Ibom State High Court in Uyo, on Friday, November 13, dismissed a petition seeking to dissolve a marriage and relationship spanning over 43 years for lack of substance.

It ruled that the lack of love and respect between spouses is not sufficient grounds for the dissolution of a marriage.

The court, presided over by Justice Archibong Archibong, in suit number HU/4D/2023, Ernest Ekpenyonh Emah v. Grace Ernest Emah, held that the petitioner, Ernest Emah, failed to establish the facts required under Sections 15(2)(c) and 16(1) of the Matrimonial Causes Act to warrant the dissolution of the marriage.

The judge maintained that although the law provides specific grounds and conditions upon which a marriage may be dissolved, the petitioner neither pleaded the necessary facts in his petition nor provided sufficient evidence to establish them.

He further emphasised that a general declaration that a marriage has broken down irretrievably, without proof of the legally recognised circumstances supporting such a claim, is insufficient to secure a divorce.

The court also held that the absence of love and respect between married couples, standing alone, does not constitute grounds severe enough to justify the dissolution of their marriage under the law. Consequently, the court dismissed the petition.

Reacting to the judgment, counsel to the respondent, Godwin Edoho, Esq., expressed satisfaction with the decision and commended the presiding judge for delivering justice in the matter.