DOMESTIC VIOLENCE: AN INCIDENCE OF THE DISSOLUTION OF MARRIAGE IN NIGERIA

 

Chukwuemeka A. Nnabuife ACIS

INTRODUCTION

Behind the veneer of matrimony, domestic violence wreaks havoc in homes, shattering lives and relationships. Fortunately, The Matrimonial Causes Act is one of the means or Laws that provides a legal way out in addressing this scourge for victims. The act recognizes domestic violence as a ground for divorce and is pivotal in determining the custody of children. The major laws guiding the divorce process in Nigeria are the Matrimonial Causes Act Cap. M7, Laws of the Federation of Nigeria (LFN) 2004 [1] and the Matrimonial Causes Rules. These are not the only laws concerning divorce in Nigeria; it depends on the type of marriage conducted, either statutory or Customary marriages.  Several judicial decisions are instrumental to the totality of laws guiding divorce proceedings in Nigerian Courts. Under the Statutory Marriage, only the State High Courts and the High Court of the Federal Capital have jurisdiction to hear cases relating to the dissolution of statutory marriages.

DOMESTIC VIOLENCE

According to Black’s Law Dictionary, Domestic Violence is defined as [2]“An Abuse or violence against a person living in one’s household, particularly a spouse or partner.

According to the United Nations [3], domestic violence can be defined as a pattern of behaviour in any relationship that is used to gain or maintain power and control over an intimate partner, which could be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. Domestic violence includes physical violence, emotional abuse, and other forms of intimidation and control that may harm a person or their property, according to the Black‘s Law Dictionary 8th Edition [4]

The World Health Organisation [5] defined Domestic violence as behaviour directed towards a family or household member that would cause a reasonable person to feel traumatized, frightened, intimidated, harassed, or assaulted.

Section 18(g) of the Protection Against Domestic Violence Law of Lagos State [6] defines domestic violence to mean physical abuse, sexual abuse, exploitation including but not limited to rape, incest, and sexual assault; starvation; emotional, verbal, and psychological abuse; economic abuse and exploitation; denial of basic education; intimidation; harassment; stalking; hazardous attack including acid both with offensive or poisonous substance; damage to property; entry into the complaint’s residence without consent where the parties do not share the same residence; or any controlling or abusive behaviour towards a complainant, where such conduct harms or may cause imminent harm to the safety, health or well-being of the complainant; deprivation against any person.

TYPES OF DOMESTIC ABUSE

Physical Abuse – Physical abuse can be defined as maltreatment of a person, which can result in harmful and adverse effects in respect of his or her physical health Physical abuse acts such as beating, pinching, slapping, and pushing (WHO, 2013)[7].

Psychological and Emotional Abuse – This includes neglect, intimidation, lack of proper care, verbal Insults and general interactions where the victim’s feeling of self-worth is attacked and diminished(American Psychological Association, 2020)[8].

The consequences of   Domestic violence are severe, affecting individuals, families and society. It has several implications, such as physical and emotional harm, financial instability and even death. This stigma of domestic violence leads to a constant pattern of violence and abuse. Moreover, domestic violence can lead to a breakdown in communication, trust and intimacy. The long-lasting impact of domestic violence extends beyond the victim, affecting not only immediate family but also extended family members.

 LAWS ON DOMESTIC VIOLENCE IN NIGERIA

1. Constitution of the Federal Republic of Nigeria 1999 (as amended)

2. Violence Against Persons’ Prohibition Act, 2015

3. Protection against Domestic Violence law Lagos State

4. Ekiti State Gender-Based Violence (Prohibition) Law

5. The Cross River Domestic Violence and Maltreatment of Widows’ Prohibition Law,2014.

All these forms have a significant impact on the victim and can lead to the dissolution of the marriage in line with the laws on Domestic violence in Nigeria.

DISSOLUTION OF MARRIAGE 

Spouses who have experienced domestic violence have the option to seek a divorce to end their marriage due to the abusive circumstances. Under Nigerian law, domestic violence is a recognized legal basis for pursuing a divorce. One of the grounds for divorce, as outlined in the Matrimonial Causes Act, is when the respondent's behaviour has made it unreasonable for the petitioner to continue living with the respondent since the marriage began.

In addition, Section 15(2)(c) of the MCA states a divorce petition may be presented to the court on the grounds of cruelty, which includes either physical or mental.

DIVORCE

Divorce is a legal process for the severance of marital ties and the dissolution of marital union.

In Nigeria, the divorce process involves specific procedures that vary based on the type of marriage. It is crucial to identify the type of marriage when initiating the divorce, as this will determine which court has jurisdiction to hear the case.

GROUND FOR DIVORCE

In accordance with the provisions of the MCA, there can only be one ground upon which a court is entitled to dissolve a marriage, which is that the marriage has broken down irretrievably. 

The following are the reasons for grounds for divorce;

1. That the respondent has persistently and willfully refused to consummate the marriage;

2. That since the marriage, the Respondent has committed adultery, and the petitioner finds it intolerable to live with the Respondent;

3. That since the marriage, the respondent has behaved in such a manner that the petitioner can’t reasonably be expected to live with the respondent;

4. That the respondent has deserted the petitioner for a constant period of at least one year immediately preceding the presentation of the petition;

5. That the parties to the marriage have lived apart for a constant period of a minimum of 2 years immediately preceding the presentation of the respondent, as well as the petition doesn’t object to a decree being granted;

6. That the parties to the marriage have lived apart for a constant period of a minimum of 3 years immediately preceding the presentation of the petition;

7. That the other party to the marriage has, for a period of not less than one year, failed to comply with a decree or perhaps restitution of conjugal rights made under that Act;

8. That the other party to the marriage has been absent from the petitioner for the time that is such and in circumstances that are such as to provide good grounds for presuming that he or perhaps she’s dead.

Each of these grounds for divorce can pose huge difficulties to establish in court. A party contemplating a dissolution of marriage should contact a lawyer to discuss the specific reasons upon which the divorce is being sought and for more explanation on every one of the species of the breakdown and the way they fit into individual situations.

 However, the MCA provides legal recourse for victims by including divorce, separation and protection orders. The protection order prohibits the perpetrator from staying in contact with the victim. On the other hand, the order makes the perpetrator leave the matrimonial home and refrain from causing further harm to the victim.

THE DIVORCE PROCEDURE

The divorce procedure in Nigeria generally involves the following steps:

1. Filing of a Divorce Petition in Court:

The dissolution of marriage begins by filing a divorce petition in the appropriate court. This petition should outline the grounds for divorce and the facts that the petitioner intends to rely upon to demonstrate that the marriage has irretrievably broken down. 

The necessary documentation to file at this stage includes

a) Petition for a decree of dissolution of marriage

b) Notice of the petition for a decree of dissolution of marriage

c) Verifying affidavit

d) Certificate related to reconciliation, signed by the legal practitioner

e) Acknowledgment of service

f) Notice of address for service

g) Copy of the marriage certificate

2. Service of Court Processes

After filing the petition, the other party must be served with a copy of the divorce papers to ensure they are aware of the proceedings. The other party may respond to the petition by filing an answer or may also file a cross-petition.

3. Court Proceedings

In some cases, the court may require the parties to explore the possibility of reconciliation. However, if these efforts fail, the court will proceed to hear the case.

During the trial, both parties will present their cases, including evidence and witnesses if necessary. Once the trial concludes, the legal practitioners representing both parties will present their legal arguments based on the facts and evidence 

4. Judgment

After carefully considering all facts, evidence, and arguments presented before the court, a judgment will be issued, either granting or denying the divorce. If the divorce is granted, the court will issue a “Decree Nisi,” which becomes absolute after three months.

CONCLUSION

Domestic violence plays an important role in the dissolution of marriages in Nigeria. Despite the legal recourses, many victims of domestic violence still face challenges in seeking redress. For example, lack of access to legal services, lack of awareness of rights and, fear of retaliation by perpetrators, etc., can be the core reason for avoidance of the court on domestic violence issues. Let us rise and support those going through the pain of domestic violence in their marriages. Let us fight against domestic violence and make every home a safe haven.

Footnotes

[1] CapM7, Laws of the Federation of Nigeria LFN) 2004.

[2] The Black’s Law Dictionary, (2004) 8th edition.

[3] United Nations.(1993).Declaration on the Elimination of Violence against Women. A/res/48/104.

[4]  The Black’s Law Dictionary, (2004) 8th edition.

[5] World Health Organization. (2013). Global and regional estimates of violence against women: Prevalence and health effects of intimate partner violence and non-partner sexual violence. WHO Press.

[6] Protection against Domestic Violence Law 2007.

[7] World Health Organization. (2013). Global and regional estimates of violence against women: Prevalence and health effects of intimate partner violence and non-partner sexual violence. WHO Press.

[8] American Psychological Association (2020).Emotional Abuse.

[9] Constitution of the Federal Republic of Nigeria 1999

[10] Violence Against Persons’ Prohibition Act, 2015

[11] Protection against Domestic Violence Law Lagos State

[12] Ekiti State Gender-Based Violence (Prohibition) Law

[13] The Cross River Domestic Violence and Maltreatment of Widows’ Prohibition Law, 2014.