A businesswoman, Motunrayo, has asked an Ekiti State High Court sitting in Ikere Ekiti to dissolve her marriage of 14 years to an Evangelist and popular marriage counsellor, Bayo, over alleged domestic violence, battery and adultery.
Motunrayo said she decided to take a legal action because all efforts by clergymen, families and friends of the couple to save the marriage from collapse had failed.
The estranged wife alleged in her deposition before the court that her husband had not shown any remorse for the alleged battery and infidelity hence her resort to court action.
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She said the marriage had broken down irretrievably.
She averred that she was legally married to the respondent with the marriage contracted at Ekiti State Model Marriage and Counselling Registry on 21 November, 2009 with the union producing two children.
In the suit with Petition Number HCR/61D/2023 filed by her lawyer, Mr. Temitope Omotayo, Motunrayo said her husband’s alleged serial brutality against her forced her to leave her matrimonial home in April 2022 to save her life.
She prayed the court for the dissolution of the marriage and the custody of the two children produced by the marriage.
The petitioner claimed that their two children aged 12 and 10 respectively, who had been living with her since May 2022, had been traumatised .
According to her, the respondent has not in any way financially or emotionally contributed to their well-being since then.
Motunrayo averred that during one of the several incidents of violence in their home, her husband allegedly broke her head with a POS machine leading to her admission at the Ekiti State University Teaching Hospital.
She asked the court for an order of dissolution of marriage contracted between her and Bayo on ground that the marriage had broken down irretrievably.
Motunrayo also prayed the court for an order of perpetual or perennial injunction restraining him or any of his agents from further assaulting, battering, embarrassing, intimidating or insulting her in any way or manner henceforth.
She also prayed the court for an order for the custody of the two children produced from the union.
She said: “About three months into the marriage, I found out that the respondent had not ceased from adultery and that the lady he presented as a relative got pregnant for him which made me confront him with the allegation; but instead of him to be remorseful, he assaulted me and even destroyed our wedding gifts and other valuables.
“During my cohabitation with him, I contracted sexually-transmitted diseases several times from him. When I tried to talk to him about it, the only response from him was serious assaults for which several people intervened to no avail.
“I left our matrimonial home in May 2022 in order to save my life and when I could no longer condone the mental and physical abuses of the respondent.”
She also filed documentary, pictorial and electronic evidences to prove her case and for the court to grant her prayer for divorce.
Reacting in a counter-affidavit filed by his lawyer, Dr. Michael Afolayan, Bayo denied allegations of domestic violence, battery and infidelity brought against him. He said he never meted out incessant assault against his wife nor did anything that amounted to intolerable behaviour in his relationship with the petitioner.
Bayo said he had introduced the two children he had from another woman to the petitioner before they were married, and also accused her of infidelity, saying she posted photos she snapped with other men on the social media.
He said it was the petitioner that deserted their matrimonial home and that all efforts made by the clergy, family, landlords association and other individuals to reconcile them failed.
He claimed that the petitioner denied him access to their children and prayed the court to award him custody of the children and access to them especially at weekends and holidays.
He also asked the court to dissolve the marriage on grounds that it had broken down irretrievably.
Hearing commences in the divorce suit on 15th April, 2024.
