An Akure Customary Court has dissolved the 12-year marriage between Moradeke Babalola and her husband, Temitope Babalola, citing domestic violence and the irretrievable breakdown of the relationship.
The petitioner, Moradeke, told the court that she entered into the marriage with the respondent in December 2013 under Yoruba Native Law and Custom after fulfilling all the requirements for a valid traditional union.
Testifying before the court, she said the couple dated for about a year before getting married but alleged that her husband’s behaviour changed shortly after the marriage.
According to her, she was repeatedly subjected to physical abuse by the respondent and eventually left the matrimonial home in June 2025 after enduring the situation for several years.
To support her claims, the petitioner presented photographs from their traditional marriage ceremony as well as pictures showing injuries she alleged were inflicted on her by the respondent.
The court observed that despite several adjournments granted during the proceedings, neither the respondent, his legal representative nor members of his family appeared before the court to contest the petition.
Delivering judgment, the President of the court, A.S. Obademi, held that a court could not compel a party to prosecute or defend a matter after being given adequate opportunity to do so.
He cited judicial authorities to support the position that a party who fails to take advantage of a fair hearing cannot later fault the court for proceeding with the case.
Obademi noted 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 further observed that the parties had long ceased living together as husband and wife and that no child was produced during the marriage.
According to the court, the respondent’s repeated absence from proceedings 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, stating that the decision was necessary to safeguard lives and prevent the possibility of further harm arising from an abusive and unwanted relationship.