KEKERE-EKUN JCA (DELIVERING THE LEADING JUDGMENT): By a petition dated 25 October 2004 filed before the High Court of Rivers State, Port Harcourt Division, the appellant herein as petitioner sought a decree for judicial separation of the marriage between him and the respondent. However, pursuant to an order of court made on 1 March 2006, he filed an amended petition dated 6 March 2006, wherein he amended the relief sought from judicial separation to dissolution of his marriage to the respondent. The grounds for the relief were: that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with her; and that the respondent has deserted the petitioner for upwards of three years immediately preceding the presentation of the petition as amended. He sought the following orders:
(a) A decree of dissolution of the marriage. b. An order that the respondent keep all the properties of the petitioner that she carried away. c. An order …