Court Dissolves Ekiti Broadcaster’s 16-Year Marriage Over Domestic Violence Against Wife
An Ekiti State High Court sitting in Ikere Ekiti has dissolved the marriage between a radio broadcaster, Bayo Famoroti and his estranged wife Motunrayo, over constant domestic violence and cruelty suffered by the woman in his hands for over 16 years in the matrimony.
Justice Oyinkansola Oluboyede who delivered the judgment said the petitioner (Motunrayo) has succeeded in proving the case of domestic violence against Famoroti who is also an evangelist in Ekiti Diocese of the Church of Nigeria (Anglican Communion) beyond the reasonable doubt.
The judge held that the petition filed by Motunrayo succeeded and was granted while Famoroti’s cross-petition failed and was consequently dismissed bringing an end to the case that lasted two-and-half years in court.
Justice Oluboyede in her judgment ordered that the marriage which was celebrated on 21st November, 2009 be dissolved having been broken down irretrievably owing to the fact that the Respondent/Cross-Petitioner (Famoroti) has behaved in such a way that the Petitioner/Cross-Respondent (Motunrayo) cannot be reasonably expected to live with him
The court granted the custody of the two children of the marriage to Motunrayo while her former husband was granted what the court referred to as “supervised access” to the children by being allowed to visit the children either in the home of the petitioner or at an earlier agreed location.
The court equally ordered that Famoroti shall continue to be responsible for the education of the children of the marriage, an in addition pay a monthly sum of N30,000 for their upkeep, while the petitioner shall be mainly responsible foe their maintenance and necesssities including their medical expenses.
The petitioner in the case with Suit Number HCR/61D/2023 had dragged the radio/television presenter to court accusing him of physical assault, infliction of emotional and psychological injuries, and alleged illicit affairs and adulterous acts with other women outside the marriage.
Justice Oluboyede in the judgment ruled that pieces of evidence put before the court by the petitioner on the respondent’s incessant acts of cruelty and assault towards her are sufficient enough to grant her prayers for the dissolution of the marriage.
The evidence tendered in court included photographs showing injuries inflicted on the woman, voice recording of the respondent in which he was threatening to kill the petitioner and the sobs of one of the children begging that her mother should not be hurt and medical report from a government hospital.
Justice Oluboyede said: “I have assessed the pleadings and evidence of the parties herein and have especially weighed the evidence. The petitioner has painstakingly recounted some of the physical abuse she endured in the hands of the respondent.
“The respondent has generally denied these allegations and particularly in reference to the events of 28th day of April, 2022 stated that he did not assault the petitioner and that she fell when she was struggling with him to collect her phone.
“The petitioner in proof had tendered the pictures of the injuries she said she sustained, an audio of the assault as recorded by the petitioner with her phone and the medical report of her treatment. I have looked at the pictures and the injuries are on her lip, chin, elbow, knees and her shoulder.
“The medical report also included that she had bite marks consistent with the injuries visible in the pictures. Also in the audio message, you can hear a man’s voice threatening to hurt or kill, the voice of a female wincing and the sobs of a child begging that his or her mother not be hurt.
“Overall, weighing the evidence of both parties, I find that the respondent failed to convince this Court that he had never been violent towards the petitioner or that he attacked her on the said 27th of April, 2022. He did not deny that it was his voice on the audio recording “Exhibit D.”
“He also admitted being in scuffle with her and that the injuries resulted therefrom. The domestic violence and actual physical abuse meted on the petitioner qualify as cruelty in matrimonial causes. It has also been held that persistent accusations of adultery constitute cruelty. Ayangbayi v. Ayangbayi (1979) ALL ER 539.
“All the behaviours of the respondent alleged by the petitioner are all actions which without doubt qualify as grave and weighty on one part, and which the petitioner cannot reasonably be expected to continue to live with on the second part.
“The petitioner has therefore by evidence led been able to successfully prove that the marriage to the respondent has broken down irretrievably, the respondent having behaved in a way that she cannot be expected to live with.”
While the court dissolved the marriage on grounds of domestic abuse, violence and acts of cruelty, the court refrained from adjudicating on the allegation of adultery on grounds that the petitioner failed to join individuals being alleged of illicit affairs with the respondent in the suit in line with Section 32(1) of the Matrimonial Causes Act.