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CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

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.1 Its seriousness as a matrimonial offence is

clearly reflected in the fact that originally it was the only permitted

ground for divorce under English Law2. Of particular gravity was

adultery by a wife which was described as being unforgivable by a

1
<http://doi.org/ng.adultery>accessed 3rd September,2022
2
Sapsford v. Sapford [1962] 2 NWLR (pt.133)45

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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 husband's adultery in order to obtain a similar

relief.3

Even under customary law4, 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 5. 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

3
Cretney J. customary law Manual ,international press limited (2013)57
4
Nwogugu Y.A. Family Law in Nigeria Ibadan,Agric Press Limited,(2010)56
5
Bromley, P..M. Matrimonial Causes,Ibadan, University Press,(1973)49
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divorce his wife6. 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.7

Family setting is universal because the human society exists or has

existed with some form of family organization 8. Referred to family

as any group of people who interact and communicate with each

other such as husband, wife and children in organizational

settings. In the Nigeria context, because of the phenomenon of

the extended family system, the family is made up of married

people, their off springs and immediate kith and kin and other

6
Hansard. The concept of Adultry, 2rd Edition,London, Clare Press,(1998)55
7
Section 15 and 16 of Matrimonial Causes Act. 2004
8
Akubue .O.Family law Practice, 4th edition, virgirnia,Hanson Press (2019)67

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dependents.9

From creation, every society has its traditional practices such as

loving one’s spouse, having sex only with ones partner among

others, which are pronounced during marriage ceremonies are

expected of couples to boost the image and self-esteem of their

partners. Some partners deviate from these norms and exhibit it

outside their marital homes. This has been a source of marital

dispute and instability among couples. The negative outcome of

this often times impacts the children psychologically and socially 10.

Contemporary society is bedeviled with marital problems which are

not in accordance with the standards, norms and values of

9
Onwusonya, E.Introduction to Family Law, RIGAL Press Limited (2017),pp13-14
10
Fanardo. L.G.The Concepts of Family,4th Edition, Cambridge Press. 1985.17

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traditional society.11

Marital fidelity has been known not only to keep a family

together but also a generation of individuals that respect the

sanctity of marriage. People get married with fidelity in mind but

infidelity has always been documented to affect almost 80% of

marriage around the world. Infidelity in marriage is a social issue

various society, religion and age frown at, and as a result stringent

measures are placed to curtail this act. In some societies, the

penalty could be as stiff as death. However, infidelity strives

leaving the people to wonder why it has taken a form of legacy

passed from one generation to the other.12

11
<www.adultery.org.ng> accessed 21 September 2022
12
Ejiofor.H.D.3rd Edition.{2012} Vol. 145. Google Scholar the reason was grim possibily of the
husband being deceived into accepting illegitimate children as his will.

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1.2 Statement of the Problem

If the definition of adultery was so easy to understand then why

do petitioners go to court to prove it?

The law recognizes different grounds of divorce but this work is

concerned with Adultery as a ground for divorce.

That since the marriage the Respondent has committed adultery

and the Petitioner finds it intolerable to live with the Respondent 13.

This particular reason is often the most difficult one to prove out

of all the eight reasons because two important factors. First

proving adultery can only be done by involving another third party,

the person the Respondent committed adultery with. Second,

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Section 15(2) b of the Matrimonial Causes Act 2004

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adultery or sexual intercourse are often done in private, so it may

be difficult to prove in real sense. In practice, it is the petitioner

often relies on another reason or fact if such is available due to

difficulties often encounter in proving adultery.

1.3 Aims and Objectives of the Study

The aim of this research work is the Appraisal of Adultery as a

ground for divorce according to the Matrimonial Causes Act 2004.

The objectives of this research work are;

1)To examine the relationship that exists between husbands and

wives in Nigeria.

2) To Examine the level of responsiveness of the court to the

responsibilities of Adultery as a ground for divorce.

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3) To determine if there are disputes arising in the relationship and

discover the approaches that the parties in dispute adopt in

resolving such disputes.

5) Identify or recommend ways of improving resolution of conflicts

and the relationship intoto.

1.4 Scope or Delimitation of the Study

This long essay or study is limited to an Appraisal to the general

study of adultery as a ground for divorce according to the

Matrimonial Causes Act of 2004. In examining this work, the scope

of thIs research cover the nature, grounds ,the provisions of

section 15(2)(b) of the Matrimonial Causes Act, 2004, standard of

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proof of adultery, nature of evidence of non-access and adultery,

intolerability. The research covers not only cover Adultery as a

ground of divorce in the Matrimonial Causes Act. But also in other

dimensions. (in Nigeria as a whole). What is applicable and how

does it exist. It also considered the legal effect of adultery and

also steps or approaches the respondent will take to reinstate the

marriage and on what grounds.

1.5 Significance of the Study

This research examines the different challenges faced by petitioner

in providing Adultery today in Nigeria. This study will bring the

petitioners and respondents to light i.e to know of their rights and

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what the law has stipulated or provided for them. This is to say

that the main purpose of this work is to look into, examine and

review the husband and wife relationships for the benefit of such

parties. This study will also add to the wealth of literature existing

in the subject matter of law for educational purposes. It will also

be of value to lawyers, future researchers, students, lecturers and

Nigerians as a whole as peace is one of the basic and essential

need of man. This work will go a long way in reducing problems

encountered because of divorce issues and as well as enlighten

both the petitioner and the respondent. Also it will draw the

attention of the legislators to enhance the existing laws and also,

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the judiciary (the promoters of justice) to see that the provisions

of Matrimonial Causes Act 2004 is been elaborated and advances

which will bring about more peaceful co-existence in Nigeria. 14

1.6 Research Methodology

This study is doctrinal. The information is based on primary

sources and secondary sources. The legislation like Matrimonial

Causes Act, 1999 Constitution of the Federal Republic of Nigeria

and other Acts of the National Assembly, last of the state house of

assembly or the received English law. The secondary sources

include materials from the internet, books, essays, journals

published on the subject matter together with the opinion of the

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Section 15(2) b of the Matriminial Causes Act 2004

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court in judicial decisions. Information was also gathered from

lawyers in their law firms.

1.7 Limitation of the Study

This work is not free from limitation which has served as

impediment to the full realization of this research work. The

limitation were circumstances which were beyond my control.

a.Time: As a final year student of Abia State University, juggling

between assignments, test, exams and project is difficult and it is

a limitation to this work because all my time and energy is not

concentrated on this work.

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b. Funds: I couldn’t afford some more material which could be

used to speed and spice up this work more e.g buying of

photocopying materials like books, law reports, journals from

chambers, libraries and internet resources resulted to a limitation.

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