He was always complaining that I am fat and that I have body odour and would beat me mercilessly. He was afflicted by a strange illness which caused him to bloat. He accused me of infecting him and tricked me into going to the hospital with him for a test. The test was carried out on both of us, but unknown to me it was HIV test. I was vindicated by the outcome of the result while he was declared HIV positive.”
“I love her which was my reason for training her in school and setting her up in a business. I encouraged her to exercise her body and was always using a tape rule to measure her belly. She’s bitter against me because I took a second wife.”
These were part of the testimonies given by a couple, Lola Dele and Sheriff Dele at the Oba Oja/ Mapo Court C Customary Court, Mapo, Ibadan, Oyo State.
Lola who dragged her husband to court alleged that he was always treating her with scorn.
The plaintiff accused her husband of always complaining that she’s fat and that she stinks as a result of her body odour. She added that he was fond of beating her for allegedly afflicting him with a sickness which made him to bloat.
Lola stated that her husband denied her rest of mind. She thus sought for the separation of their marriage.
The plaintiff further prayed the court to grant her custody of the children produced by their marriage.
Sheriff did not accede to divorce stating that he still loved the plaintiff.
Lola giving her evidence told the court: “My lord, my husband has refused that I have rest of mind. He was always seeking every opportunity to spite and fight me. Any time we fight, he would scorn me, saying that I’m too fat. He also accused me of having body odour.
“My Lord, Sheriff was inflicted with strange illness and he began to bloat. He accused me of inflicting him with the sickness and refused to change his mind on this despite all my efforts at making him see reason.
“He tricked me into going to the hospital with him and unknown to me, HIV test was carried out on us.
“I was vindicated when the result of the test was finally released to us. It read that my husband is HIV positive. He almost collapsed when he learnt this.
“After going through series of other tests, it was discovered that he was bloating because his intake of red meat was high and was advised to stop taking it for a while,” she said.
She went on, “My husband took to beating me at every given opportunity. I got fed up with the way he was maltreating me and moved to my parents’ house.
“I was there for a month but later returned to his house after our differences were resolved by members of our families.
“But my lord, Sheriff refused to change. He’s always accusing me of being ungrateful and would berate me.
“He also started complaining that I returned home late from work and would lock me out almost every night.
“My lord, to worsen the matter, he took to insulting my parents for trying to mediate in our differences.
“I’m fed up with my husband. I, therefore, pray this honourable court to separate us and grant me custody of all our children so that I can monitor their welfare, “stated.
“My lord, I don’t agree to divorce,” Sheriff told the court.
“I love my wife but she has been bitter towards me for the past two years. I have appealed to her and also sent people to pacify her but she has refused to change.
“It’s true I trained her in school and further set her up in business. I did these because I love her.
“To show I care for her, I encouraged her to join me in the early morning exercise and was always using a tape rule to measure her stomach in order to check if she had lost weight,” Sheriff said.
He added that, “I berate for always sitting at a spot and sending the children on errand. I told her it wasn’t good for her health.
“I never said she had body odour. What I complained about was the coverlet she was using which was dirty and smelling. She got angry with me because I insisted she must wash it.
“My lord, I was asked to bring her along for medical examination when my body was swelling and we were advised to go for many tests, HIV included.
“It is true I was declared HIV positive, but six years after this I went for the same test again at another hospital and to my chagrin, the result read that I was negative. I was advised to take a legal action against the first hospital but I laid the issue to rest because I don’t have the wherewithal to pursue a court case.
“My lord, Lola is in the habit of nagging. She nags and complains on every issue which I find irritating.
“She became troublesome and has always made life difficult for me since I took a second wife.
“It is true she comes back home from work late. My mother therefore came to our aid by cooking for our children and looking after their welfare.
Ruling after he had heard both parties, the court president, Chief Ademola Odunade dissolved their union and granted the defendant custody of their first child and the plaintiff custody of their other children.
The defendant was asked to give the sum of N15, 000 every month to the plaintiff as their children’s feeding allowance.
He was also directed to be in charge of their education and health care among other things.
Both were advised to keep peace.
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