INTERPRETATION AND APPLICATION OF SECTION 15(2)(C) OF THE MATRIMONIAL CAUSES ACT IN ADETULE V ADETULE: DID THE SUPREME COURT ERR?

Abstract

A petitioner in a petition for dissolution of marriage can prove that the marriage has broken down irretrievably by showing under Section 15(2)(c) of the Matrimonial Causes Act that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. The interpretation and application of section 15(2)(c) was one of the issues considered by the Supreme Court in Adetule v Adetule. It is contended in this Review that the decision of the Supreme Court in that appeal upholding the decision of the Court of Appeal and trial High Court was wrong because it failed to appropriately evaluate the totality of the matrimonial history of the parties, their ages, education, health status and allowance for the ordinary wear and tear of marriage. It is also contended that the proper test for determining reasonableness under Section 15(2) (c) is objective and not objective/subjective test as applied by the Court of Appeal and upheld by the Supreme Court in that appeal.