We live in a country where both the rich and the poor marry more than one wife and no one raises an eyelid

It is important to understand that the Christian marriage is based on monogamy.

Adam had one wife, Eve, to the exclusion of any other woman. God also made for Adam, a wife, rather than wives.

Thus polygamy is man made and influenced by a zealous desire to multiply and dominate the Earth in the agrarian era, when we depended on subsistence farming.

A marriage celebrated under the Act is therefore monogamous. It follows therefore that a person who undergoes a marriage under the Act, and whilst it subsists, contracts another marriage commits the offence of Bigamy.

It is therefore essential to support a conviction, to establish that the first marriage was valid and subsistent at the time of the second marriage.

In RV Inyang (1931) 10 NLS 33 where a person was charged with Bigamy and the prosecution tendered two marriage certificates , of the first, and second marriages, it was held that the evidence was insufficient to support a conviction because it does not establish that the first wife was alive at the time of the second marriage.

Death is an automatic dissolution to the contract of a Marriage.

It follows therefore that for the first marriage to be valid and subsisting, the spouse must be alive at the time of the second marriage.

In the case of marriage under the marriage Act and the second under Native law and custom.

It is not clear whether the offence of Bigamy can arise where the first marriage is under the Act and the second under Native Law and customs. It is clear that section 47 of the marriage Act frowns at such a practice. It is an offence punishable with five years imprisonment for a person who is married under the Native law and customs to marry another person under the Act.

However it appears that there is support that these offences under the marriage Act constitute Bigamy.

In R V princewill (1963) .

The accused person whilst a Christian married under the marriage act in 1950. He later became a Muslim and married under Islamic law which recognizes polygamy, and the second marriage look place whilst the first marriage was subsisting. He was convicted by the high court.

What happens where a man married under Native law converts to Christianity with a large number of wives who had children for him marries the youngest wife under the marriage Act as they are wont to do. What happens to the other wives? Is he guilty under the marriage Act (s. 47 and 48) for contracting a marriage under customary law and the Act?

In our society we are aware of men who travel outside the country and for one reason or the other usually connected with the issuance of Green card contract a first marriage outside the country, and a latter one with a native often under native law and Under the Act, what happens?

Our society should stop the encouragement of these double marriages. They are not justified as they have grave consequences for the spouses. What is important in a relationship is trust, and polygamy does not sustain trust. Marrying a woman with the intention to divorce her at a latter date is devious and callous. It is not expected of a gentleman to treat a woman with such disrespect.

The law and ethics of dissolution of marriages.

There are many reasons people get married. People get married because they want companionship, children and perhaps someone to take care of them. But the church will not celebrate a marriage where either couple lacks procreative ability or impotent.

Marriages in Nigeria are regulated by the matrimonial Causes Act, the customary law relating to marriage, and the marriage Act.

What is a marriage?

A Marriage is a Contract between two consenting Adults of full age to the exclusion of any other in Christian marriages under the matrimonial causes/or marriage Act.

Advantages of marriage.

1. It enables couples to have Legal sex

2. It enables couples to have legitimate children.

3. A wife can pledge her husband’s credit.

4. The right of maintenance of a wife.

5. However it does not confer on the other party the right to the each others property.

Note that under the Nigerian constitution there is no illegitimate child in so far as, he/she is recognized by the father as his child during his life time.

How do you establish that a marriage is in existence?

1. By oral evidence

2. By a certificate of marriage duly issued by an authorized person/ body

3. A Common law wife is one who cohabits with a man not her husband. Both are presumed under the law as married.

Types of marriage.

1. We have monogamous marriages under the Act or Christian marriages.

2. We also have polygamous marriages under customary or Islamic law.

Classification of marriages

Marriages can be classified as:

void, valid or voidable/ irregular.Void marriages

Marriages are said to be void if:-

1. If the marriage was contracted without the consent of either parties.

2. It is subject to affinity. A sister cannot marry a brother

3. A marriage contracted with someone already legally married.

Note that a voidable/or irregular marriage is not unlawful but merely irregular and voidable at the instance of other party.

Note that a marriage can Ab initio, from the beginning, is as if it never took place and it creates no legal rights and obligations to either party.

Divorce

When people don’t love each other anymore they want out. Divorce is a legal separation of otherwise married couple. It is dissolved by the issuance of a decree Nisi, which is temporary under the Act to allow for possible reconciliation and later where there is no reconciliation, a decree absolute is Issued.

Conditions for granting a Divorce.

Under the matrimonial causes Act, it appears that there is only one ground for getting a divorce – that the petitioner has to prove that the marriage has broken down irretrievably.

However on closer look it is clear that the petitioner has to establish some grounds for the divorce known as offences under the Act.

Such offences include;

Adultery, cruelty, , impotence etc.

However a single case of cruelty, or adultery, is not sufficient to grant dissolution of marriage from the rash of decided cases.

It appears that the petitioner has to prove that in addition to the offence e.g. of Adultery, that he/she finds it intolerable to continue to live with the respondent

Thus to establish the irretrievable breakdown of the marriage, the petitioner has to show that he/she finds it intolerable to continue to live together with the respondent for any of the offenses that are grounds for the dissolution of marriage. Under Muslim law, it is sufficient for the person seeking dissolution to repeat before witnesses, “I divorce you” three times, for adultery which is established by eyewitnesses.

Under customary law, it is usually by the instance of either party who affirms “A nu ma luwa” and returns the Bride price or Dowry as the case maybe.

Where a woman is not divorced before contracting another marriage, under Igbo customary law, the second marriage is not valid and every child born to that marriage belongs to the first husband.

In whatever circumstance Adultery is not advisable where there are children born to the couple who are subjected to the trauma of a broken home.

Only in rare Circumstance does the church approve of dissolution of marriage.

 

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