The Supreme Court of Nigeria has held that fathers are legally bound to support their wives and children, whether or not a marriage is dissolved.
This verdict was delivered in the matter between UGBAH & Ors V. UGBAH (2025) LPELR- 8173 (SC)
In its 4th July 2025 decision, the Supreme Court in Ugbah & Ors v. Ugbah, a case that questioned whether a wife and children can sue for maintenance, welfare, and education while the marriage is still subsisting, and without first filing for divorce, the apex court gave the phenomenal verdict.
Key highlights of the case are that Mrs Veronica Ugbah sued her husband, Mr Patrick Ugbah, seeking money for her upkeep, their children’s education, and an alternative accommodation.
Patrick Ugbah, however, argued that such claims could only be made under the Matrimonial Causes Act (through a divorce or separation petition), not by a writ of summons.
The High Court dismissed his objection, but the Court of Appeal struck out the case, insisting that only a petition under matrimonial law was proper.
But the Supreme Court disagreed with the Court of Appeal and held that:
A wife does not need to file for divorce before asking for maintenance.
Children’s right to welfare and education is independent, enforceable, and not tied to divorce proceedings.
Courts must focus on substantial justice, not technicalities of procedure.
Outcome: The appeal was allowed, the High Court’s ruling was restored, and the wife and children’s claims were recognized as competent.
Why It Matters
This judgment underscores that:
Fathers remain legally bound to support their children whether or not a marriage is dissolved.
A wife can independently seek maintenance and support during marriage without being forced into divorce proceedings.
Courts will not allow technical rules to override the justice owed to vulnerable parties like wives and children.
