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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 Law 2. Of

1
http://doi.org/ng.adultery
2
Sapsford v. Sapford [1962] p.133.45

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particular gravity was adultery by a wife which was

described as being unforgivable by a 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

3
Cretney J. customary law Manual ,international press limited. 57
4
Nwogugu Y.A. Family Law in Nigeria Ibadan,Agric Press Limited,2010,56
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woman5. 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 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

organization8. Referred to family as any group of people

5
Bromley, P..M. Matrimonial Causes,Ibadan, University Press,1973,49
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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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 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

9
Onwusonya, E.Introduction to Family Law, RIGAL Press Limited 2017,pp13-14

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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

socially10. Contemporary society is bedeviled with marital

problems which are not in accordance with the standards,

norms and values of 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

10
Fanardo. L.G.The Concepts of Family,4th Edition, Cambridge Press. 1985.17
11
www.adultery.org.ng

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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

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

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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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 Respondent13. 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, 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

13
Section 15(2) b of the Matrimonial Causes Act 2004

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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.

3) To determine if there are disputes arising in the

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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 proof of

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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

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study will bring the petitioners and respondents to light i.e

to know of their rights and 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

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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, 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

14
Section 15(2) b of the Matriminial Causes Act 2004

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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 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.

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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.

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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