A Federal
Capital Territory High Court sitting in Maitama, Abuja, on Monday nullified a 4yrs
old marriage between Mr Ugochukwu Eke and Uchenna Eke due to the wife’s
terminal disease which she concealed from the man.
terminal disease which she concealed from the man.
The judge,
Justice Jude Okeke, in his judgment, held that the petitioner’s evidence had
been accepted since the woman did not file any protest contradicting the facts.
“The court
holds the view that by undeniable evidence that the respondent is suffering
from HIV prior and during the marriage.
“In the
circumstance, the court holds the view that the petitioner has fulfilled the provisions
of section 5 (1) (a) of the Matrimonial Causes Act 2004 to grant the prayers
sought.
“In the
light of this, a decree of nullity of the marriage between the petitioner and
the respondent contracted on Feb. 12, 2013 at marriage registry of Kaduna South
District is hereby nullified."
It would be
recalled that Mr. Eke on December 2, 2015, discovered that his wife was HIV
positive after observing that she was sick and frequenting Kaduna to visit a
doctor.
According to
the judge, the petitioner stopped having s*xual intercourse with the respondent
and on February 15, 2016, she packed out of the house.
He,
therefore, dissolved the marriage on grounds that the woman did not contradict
the prayer of her husband and the facts presented by him to end the union.
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