A CRITICAL EXAMINATION OF THE GROUNDS FOR THE DISSOLUTION OF STATUTORY AND CUSTOMARY MARRIAGES IN NIGERIA.

EBOH, TOCHI JOY (2026) A CRITICAL EXAMINATION OF THE GROUNDS FOR THE DISSOLUTION OF STATUTORY AND CUSTOMARY MARRIAGES IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..

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Abstract

Marriage is a fundamental legal and social institution in the society, forming the bedrock of the family. Marriage is a union between a man and a woman or women which is expected to last for a life time but can be cut short by unforeseen circumstances, thus, dissolution of the marriage. This study critically examines the grounds for dissolution of marriage under the statutory and customary law in Nigeria. It makes an inquiry into the grounds for the dissolution of marriage and identify the loopholes surrounding these grounds. It examines the legal framework governing dissolution of marriage under section 15 of the Matrimonial Causes Act which is the irretrievable breakdown of marriage and facts to prove the breakdown. The study also considers the various grounds on which dissolution may be granted under customary law, such as adultery, cruelty, desertion, impotency, sterility, and other grounds peculiar to different localities. This study utilizes the doctrinal research method using primary and secondary sources of law. This research highlights the significant differences and inconsistencies between the statutory and customary system. It also highlights the conflicts that arises from the coexistence of the plural system. This study asserts that there is a need for legal reform and harmonization of the grounds for dissolution of marriage in Nigeria to promote fairness, legal certainty, and the effective protection of the rights of spouses. Thereby suggesting the adoption of a no fault system in both statutory and customary law marriage, codification of customary laws, widening the scope of section 15(2) of the Matrimonial Causes Act and public enlightenment.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Art
Depositing User: ESTHER IGWEIKE
Date Deposited: 24 Jul 2026 11:28
Last Modified: 24 Jul 2026 11:28
URI: http://eprints.gouni.edu.ng/id/eprint/5935

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