An Akure Customary Court in Ondo State has dissolved a 12-year-old marriage between Moradeke Babalola and her husband, Temitope Babalola, citing domestic violence and the irretrievable breakdown of the union.
The court ruled after hearing a petition filed by Moradeke, who alleged that she suffered repeated abuse during the marriage contracted under Yoruba Native Law and Custom in December 2013.
Testifying before the court, the petitioner said she dated the respondent for about a year before they got married, but claimed his behaviour changed shortly after the wedding.
She told the court that she endured several incidents of domestic violence throughout the marriage and eventually left the matrimonial home in June 2025 when the situation became unbearable.
To support her claims, Moradeke presented photographs from their traditional wedding ceremony as well as images showing injuries she alleged were inflicted by her husband.
The court observed that despite being given several opportunities to appear, the respondent, his lawyer and members of his family consistently failed to attend proceedings or challenge the allegations brought against him.
Delivering judgment, the President of the court, A.S. Obademi, held that the court could not compel a party to participate in proceedings after being afforded adequate opportunity to do so.
The judge cited legal authorities to support the position that a litigant who fails to utilise the opportunity of a fair hearing cannot later complain of being denied justice.
Obademi further held that the evidence before the court established that the petitioner had been subjected to domestic violence and that attempts by family members to reconcile the couple had proved unsuccessful.
The court noted that the parties had already stopped living together as husband and wife and that no child was born during the marriage.
According to the judgment, the respondent’s repeated absence from court and apparent lack of interest in defending the case were clear indications that the marriage had broken down beyond repair.
Consequently, the court dissolved the union, stressing that the decision was necessary to safeguard the lives of the parties and prevent either of them from remaining in an abusive relationship that could have fatal consequences.
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