By
Nwokocha Chidinma Grace
It all started when she was 8. Uncle Chris had come into the room while she was fast asleep. It had rained heavily all through the day and the night was cold and lonely. Dad was out on a business trip as usual and was not expected back until the following week. She had never known her mother. She was told that mum had died while giving birth to her. Dad was contemplating getting married again but at the moment she was an only child. So whenever dad was away on one of his numerous business trips, she was left alone in the house with Uncle Chris, Dad’s younger brother who was in the University and went to school daily from home.
“Angel”, Uncle Chris whispered in the darkness. There’s something new I would love to teach you.
Angela got up slowly. For a moment she was grateful that here at last was someone to keep her company. She had wondered so many times why he preferred to call her Angel instead of Angela. He had told her that she was very beautiful and looked like an Angel. She believed him anyways. After all Daddy never called her pet names. ‘Nne’ was her name and that was it. This her uncle though, he was so fond of her and she couldn’t help but wonder why he had that funny look on his face this particular night. Whatever that is, she was going to find out.
Angela watched as Uncle Chris slowly took of his clothes, and began taking off hers too. She was about to protest when he wrapped his arms around her and began to cuddle her like a baby. She felt the warmth of his body and heaved a sigh of relief. Then he began caressing her all over and within minutes, he was inside her and was pounding with the energy of a horse. She screamed in pain but he would not let go. Each thrust was painful, more painful than the one before. When he was done satisfying himself, he helped her clean up and made her swear never to let daddy or anyone else know.
Of course he helped her with her school assignments and equally gave her money from his monthly allowance. Well, apart from the fact that he made her go through such pain, she liked Uncle Chris. And so it continued every other night when daddy was out of town and she was alone with Uncle Chris. He would sneak into her room, have sex with her, give her some money, make her promise not to tell and then sneak out again. This continued until she was 15.
The morning after her graduation from Secondary School, daddy came home with another woman whom he introduced as her new mother. The woman hated Angela from the first day and treated her like an outcast. She packed up and left the house in search of a life and a future. She did all kinds of jobs for people at various times and was able to sponsor herself to the University.
Some years down the line, she got married to her heartthrob, Tochukwu whom she met in the university. The ceremony was grand. It was held at the Marriage Registry, Ikeja and the church blessing was done by the Bishop of Anglican Communion, Ikeja Diocese at the Anglican Church, Ikeja. The couple was happy as theirs was indeed a marriage made in heaven. Later that night, she discovered that each time her husband demanded his conjugal rights from her and attempted to touch her, she felt excruciating pains, the same pain she had felt when Uncle Chris was having sexual intercourse with her the first night. And so there was no consummation of the marriage. Weeks ran into months and months into years, Angela still refused to have sexual relationship with her husband even after continuous demand that they cement the marital bliss.
Tochukwu is fed up. He had had enough and so after 1 year of marriage to Angela without sexual intercourse, he began having an affair with Stella, Angela’s 17 year old step sister. Stella is already pregnant for him and they quickly went ahead to get married at the marriage Registry, Awka, Anambra State without the consent of Stella’s parents and without Angela’s Knowledge.
Angela and Tochukwu, having realized that their matrimony is going nowhere and have decided to call it quits. Advise the parties on the following legal issues:
The ground(s) if any on when they can bring a petition for dissolution of the marriage
The condition precedent for instituting an action for dissolution of the 1 year old marriage
The validity or otherwise of the Marriage contracted between Stella and Tochukwu.
Comments
On the second leg of the question, The general rule is that, a petition for dissolution of marriage cannot be brought with respect to a marriage that is less than 2years old. See section 30(1) Matrimonial Causes Act. But if such petition must be brought, the leave of the court must be sought to give life to the petition. However, there are exceptions to this rule; where either party to the marriage has willfully and persistently refused to consummate the marriage, it could be a fact to support the ground that the marriage has broken down irretrievably and the leave of the court would not be required to present a petition for dissolution of marriage.
See section 30(2) MCA. Therefore, there is no condition precedent to bring the petition.
- Abia Friday