An Igbosere High Court in Lagos has dissolved the three-year-old marriage between a popular radio presenter, Toke Makinwa, and her estranged husband, Maje Ayida, on Thursday.
NAN reports that the court cited Ayida’s adulterous lifestyle as the reason for its decision to dissolve the union.
Makinwa, the co-host of the ‘Morning Drive’ on Rhythm 93.7FM, had on March 9, 2016, approached the court, seeking that it split the union on the grounds that her husband committed adultery.
The blogger and author had told the court that her husband committed adultery with his mistress, Anita Solomon, adding that the relationship produced a child.
She said since their marriage was contracted, the husband had “behaved in a way she could not reasonably be expected to continue to bear”.
She also said the husband was cruel towards her, adding that their differences became irreconcilable.
While delivering judgement, Justice Morenike Obadina, held that Ayida filed an answer to the petition but did not give oral evidence in support of it.
The judge said the position of the law was settled as pleadings did not amount to evidence.
“Pleadings on which no evidence was led are deemed abandoned. Therefore, Ayida’s evidence is deemed abandoned.
“The effect being that the petitioner’s evidence is unchallenged and uncontroverted,’’ Obadina ruled.
The judge said the issue of cruelty which the petitioner (Makinwa) relied on was established because of the “mental and emotional stress” she was subjected to by her husband.
Obadina said Makinwa had sufficiently proven that the husband committed adultery and continued to flaunt his adulterous relationships even to her face.
“I hold that the marriage has broken down on grounds of intolerable behaviour.
“I hereby pronounce a `Decree Nisi’ dissolving the marriage between Makinwa and Ayida which was administered at the Federal Marriage Registry, Ikoyi, Lagos, on Jan. 15, 2014.
“The order Nisi shall become absolute three months from today unless within that period sufficient cause is shown why it should not be made absolute,” Obadina said.