AGUBE JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State sitting at Offa Judicial Division which judgment was delivered on the 14th day of November 2005 by M. O. Adewara J.
The petitioner (now appellant) had in paragraph 11 (Eleven) of his petition (As Amended) sought for the following orders:-
(a) A declaration that the respondent's behaviour is one, which the Petitioner cannot reasonably be expected to live with.
(b) A decree of dissolution of marriage between the petitioner and respondent on the ground that the marriage has broken down irretrievably.
(c) An Order of Custody of the only child Elizabeth Oyeronke Alabi for proper care, affection, financial support and proper upbringing.
Upon being served with the petition the respondent filed a reply thereto and cross petition for divorce dated 23rd day of June, 2003 wherein she in paragraph 39 thereof prayed for the following orders:-
"( 1) A declaration that the petitioner is…