The Petitioner, Dr. Timothy Ndubisi Menakaya was lawfully married to the Respondent. Ann Okwuchukwu Menakaya on 21st July, 1979 at the Marriage Registry, Barnet, London, England. The couple cohabited at Barnet, London, England and Onisha. There are three children of the marriage. Chinyelu Uchechukwu, born in June, 1980, Chinedu Obiora, born in January, 1982 and Obianuju Ifeoma, born in October, 1983.
On the 15th of January, 1993 Dr. Timothy Menakaya, hereinafter referred to as the Petitioner, in this judgment, presented a petition to the High Court of Anambra State in the Onitsha Judicial Division praying (from the court) for a decree of dissolution of his marriage with the Respondent and for an order for the custody of the children of the marriage. His reasons for asking for the above reliefs are as follows.
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"a.
That the marriage has broken down irretrievably
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b.
(b) That the Respondent has been in constructive desertion for the past four years. In that ever since, the Respondent has denied conjugal rights to the petitioner.
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c.
That the Respondent has ever since aforesaid refused even to talk to the Petitioner and has completely abandoned all domestic responsibilities of a wife.
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d.
That consequently the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
On the 23rd of January, 1993 the Respondent acknowledged that a copy of the petition had been served on her. In her answer to the petition the Respondent denied being in constructive desertion. She also denied depriving the petitioner of conjugal rights. On the contrary, the Respondent asserted that it was the Petitioner who had shunned any physical contact Sexual or otherwise, with the respondent since May, 1992. In January, 1992 the petitioner and the respondent attended the wedding ceremony of petitioner’s daughter by a previous marriage, named Chioma and they chatted together and took photographs. The Respondent averred that in July 1992 she attended the Medical Women’s Association of Nigeria night together with the Petitioner where the Petitioner was installed as patron of the Association.
In December the Petitioner barred the Respondent from touching him. His two sons by his previous marriage, named Ndubusi and Kenechukwu joined the Petitioner in making her life uncomfortable in the matrimonial home. On 8th January, 1993 the Petitioner told his nephew P O Balonwu SAN to tell the Respondent to pack out of the matrimonial home or he would throw her property out. He threatened that if she did not he would invite the dreaded long juju to show her the way out. This was the last straw. The Respondent who is a Chief Magistrate by profession reported the matter to the police. When the couple could not be reconciled the Respondent filed a cross petition On the 23rd of January, 1993 the Respondent acknowledged that a copy of the petition had been served on her. In her answer to the petition the Respondent denied being in constructive desertion. She also denied depriving the petitioner of conjugal rights. On the contrary, the Respondent asserted that it was the Petitioner who had shunned any physical contract. Sexual or otherwise, with the respondent since May, 1992. In January, 1992 the petitioner and the respondent attended the wedding ceremony of petitioner’s daughter by a previous marriage, named Chioma and they chatted together and took photographs. The Respondent averred that in July 1992 she attended the Medical Women’s Association of Nigeria night together with the Petitioner where the Petitioner was installed as patron of the Association.
On18th May, 1994 counsel on both sides reported to the learned trial Judge, Ononiba J that there was a move to settle the matter out of court. Eventually, judgement was delivered making the following order.
