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Posted By: |August 06, 2020 |

Principles Guiding the Award of an order for Maintenance in Divorce Proceedings in Nigeria

 

Introduction

Any casual observer of the cause lists of the Courts in the Family Division of the Lagos State High Court would notice that there is a significant increase in the rate of divorce proceedings in Lagos State High Courts. Whilst the primary goal of most Petitioners in divorce proceedings is to seek an order dissolving their marriages, it is however not unusual for the parties to seek the Court’s pronouncement on the amount of maintenance, which would be paid by the husband to an estranged wife.

In point of fact, a review of the case law on divorce has shown that parties to divorce proceedings are usually engaged in a hot contest on the issue of maintenance. See the cases of Negbenebor v. Negbenebor 1 , Olu-Ibukun & Anor v. Olu-Ibukun 2 , Anyaso v. Anyaso3, Hayes v. Hayes4, Damulak v. Damulak5, Mr. Adeleke Adejumo v. Mrs. Toyin Adejumo6, Nanna v. Nanna7 and Mueller v. Mueller8

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