It said: “The custom that tends to punish one person when two consenting adults are involved in the act is nothing but the highest element of insensitivity and servitude.”
Obayan filed a divorce suit against his wife on grounds that she changed his children’s surname to her lover’s name. In his ruling, Magistrate Rotiba dissolved the marriage on grounds that the parties have lost interest in the union and granted Obayan’s prayers to reclaim his four children.He noted that from the evidence before it, the Respondent alluded to the fact under cross- examination that since the Petitioner did not pay her bride price, her new husband who paid same has the right to have them bear his name in accordance with Igbo custom.
“I condemn this custom in the strongest terms. While the matter was on, a publication was made on February 2, 2023 in Vanguard newspapers, changing the surname of the first two children of the parties to Abua Obi “The Court, hereby declares personal non grata, the custom of the Respondent awarding paternal personality to a man who is not the biological father of the children.
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