MATRIMONIAL CAUSES AND THE QUESTION OF DOMICILE IN NIGERIA

ABSTRACT

This research work is entitled ‘MATRIMONIAL CAUSES AND THE QUESTION OF DOMICILE IN NIGERIA’, is aimed at examining the legal framework as it relates to the various forms of matrimonial causes and the concept of domicile in Nigeria. However, in the course of this research, the findings of this researcher are that, the principle of domicile is a prerequisite for the court to have jurisdiction to entertain matrimonial suits. That is, it is only a person that is domicile in Nigeria that can file a petition for divorce in Nigeria. A married woman acquires the domicile of her husband. However, there are times where by the husband is determined to frustrate the wife’s effort to get a divorce base on the fact that her domicile is dependent on him. For example, a husband originally domicile in Nigeria but carry out businesses or is resident in another country such as China, may choose to acquire a domicile of choice in China upon getting to know that his wife has filed a petition for divorce in a Nigerian court, and he will contend the fact that the court does not have jurisdiction as the wife, whose domicile is dependent on the husband no longer domicile in Nigeria but in China. A husband who is bent on frustrating a wife’s case could even change his domicile without the wife’s knowledge. The need to address this unsuitable circumstance constitutes the justification for this research. In the light of this, therefore, the objectives of this research is to identify the challenges of the present practice to make viable recommendation as a way forward to addressing the challenges identified. In the final analysis, this research work is recommending among other, that a wife should have her own domicile for the purpose of instituting matrimonial causes.