MUHAMMAD, JCA (Delivering the Lead Judgment): Mrs Beatrice Mbah (a house wife) respondent herein and the petitioner at the Benue State High Court of Justice (lower court) petitioned her husband, Mr. Sunday
Mbah, respondent but now appellant seeking and order for a decree of dissolution of her marriage against the appellant on the ground that the marriage had broken down irretrievably. Other ancilliary reliefs claimed by the respondent included:
“(a) Maintenance of the children of the marriage;
(b) Maintenance of the petitioner , (c) Joint ownership of the matrimonial home in Makurdi and other properties acquired during the life of the marriage.” The respondent alleged that since the marriage the appellant had behaved in such a way that she could not reasonably be expected to live with him; that he deserted the respondent and the children of the marriage and the parties had been living apart for more than 7 years. The history of the marriage, according to the respondent is that the peti…