ADAMU, JCA (DELIVERING THE LEADING JUDGMENT): The petitioner/appellant petitioned against the respondent (his wife) at the High Court of Justice, Ijebu-Ode on 7/4/95 wherein he claimed the following reliefs:
“(a) To declare the marriage between the petitioner and the respondent celebrated on 14/12/68 at the Marriage Registry, Igbosere, Lagos, void ;
(b) To grant the custody of the four children of the “marriage” while it lasted MASTER AYOBANI AKINBONI, MISS OMOLARA AKINBONI, MISS BOSEDE AKINBONI, MASTER BOLAJI AKINBONI to the petitioner; and
(c) Such further or other orders as this Honourable Court may deem fit to make in the circumstances of this case.”
In her answer to the petition, the respondent also cross-petitioned (in paragraph 38 of her answer) as follows: “38 ORDER SOUGHT The respondent/cross-petitioner hereby humbly seeks the following orders:
"(a) To dismiss the petition for nullity of marriage.
(b) To hold that the marriage has not broken down irretrievably as it could stil…