A COMPARATIVE REVIEW OF DIVORCE UNDER IJAW CUSTOMARY LAW AND STATUTORY MARRIAGE IN NIGERIA

Abstract

From the research findings, it has been shown that a family law marriage, which is majorly sourced from customary law, can be dissolved by non-judicial and judicial methods. The research also outlined the grounds that can be established for dissolution of marriage, which include, adultery, impotency of the husband, sterility of the wife, incest, ill-treatment and cruelty, commission of crimes, lunacy and witchcraft. The death of a wife can also bring a marriage to an end. However, this is not the case, when it is the death of a husband. The dissolution of a customary law marriage is not as stringent as that under the marriage Act. A customary law marriage can be dissolved without any judicial pronouncement or intervention. The spouses may decide to break the union and the usual defences of collusion or condemnation under statutory marriage is not available. But there must be a formal act on the part of the party who is tired and not willing to continue with the union or association. In most cases, the two families are involved in the dissolution. However, the position of Ijaw customary law on divorce has been fraught with issues, and this has been centered on the custody of children, as this is the most contentious issue. The research found out that Ijaw customary law provides for the best interest and welfare of the child, however, most times this decision is provided in a judicial dissolution.

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urn:uuid:2293eb15-f366-4947-9865-4fb6d9d3fac8