By Lillian Okenwa
In an unprecedented verdict, an Upper Customary Court of Kaduna State, Kafanchan Division has upheld the request of a woman who contended that she would only return her bride price if the husband whom she sought to be divorced from could return her body to the condition it was in when he married her.
In its response to Tina John’s position, the court first posed a question and then went ahead to answer it.
“In the absence of any evidence that the petitioner has ever failed to fulfill all her marital obligations as a spouse, mother, housekeeper and homemaker during the period of about 30 years the parties lived together prior to their separation and the institution of this matter, would it be equitable and in good conscience to require her to refund to the respondent the sum he expended to perform her marriage rites under Mada marriage custom as a pre-condition for the success of her petition for the dissolution of their marriage?
His Worship Emmanuel J. Samaila, Esq., went further to hold thus: “If the respondent were to pay for all the services rendered by the petitioner and the performance of her conjugal duties for over 30 years, would the token he paid as her dowry and incidental expenses be sufficient? Our answer is an unqualified and an unequivocal “No”. This Court will not imprint its hallowed seal on any custom the enforcement of which will denigrate the women married under customary law and effectively reduce them to the status of mere chattels acquired by men to be used and dumped at their pleasure and with effrontery, require a woman, such as the petitioner in the instant case, to refund to her estranged spouse the token he paid as her dowry and incidental expenses; a woman who deserves commendation for choosing and daring to walk away in peace, with dignity, without physical hurt and alive from a union to which she has sacrificially committed over 30 years of her youthful and productive life.
“Without further ado, the first question for determination is answered in the negative. The Mada marriage custom requiring a woman who leaves her matrimonial home, especially after over 30 years of marriage, to refund the expenses incurred by her husband for the performance of her marriage rites is hereby declared repugnant to natural justice, equity and good conscience.
“Consequently, we hold that the petitioner is not under any moral or legal obligation to refund to the respondent any money expended for the performance of her marriage rites as a pre- condition for the grant of an order dissolving her marriage with the respondent…
Read the full judgment below. Click here to download
Judgment-Matrimonial-Cause1-PDF
