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Judicial Concepts of Adultery, Intolerability and Damages in Nigeria
Published online by Cambridge University Press: 28 July 2009
Extract
Adultery is one of the cardinal sins in the Ten Commandments and, despite the modern apparently relaxed attitude towards sexual intercourse, it has remained one of the main reasons for marriage breakdowns. Its seriousness as a matrimonial offence is clearly reflected in the fact that originally it was the only permitted ground for divorce under English Law. Of particular gravity was adultery by a wife which was described as being unforgivable by a husband, for while a husband could divorce his wife on the sole basis of her adultery, a wife had to prove other material facts in addition to her husban's adultery in order to obtain a similar relief.
Even under customary law, adultery, particularly by a wife, was treated as a sin against the ancestral gods and required the performance of certain rituals to appease them and the husband and to cleanse the violated woman. Although pre-set grounds for divorce are non-existent and unnecessary at customary law, adultery may well be a vital reason why a man would want to divorce his wife. Under the Matrimonial Causes Act adultery, coupled with intolerability, is one of the listed grounds for divorce the proof of which is proof of “irretrievable breakdown” of the marriage.
The object of this article is to examine the judicial concept of adultery, intolerability and damages for adultery.
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References
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400.
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85 But this is expected in a country where polygamy is widely practised. A large majority of the women would rather fight to win back their husbands than take the “foolish” step of instituting a divorce.