Husband Takes Wife To Court For Changing Children’s Surname

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Toba Owojaiye reporting

Theophilius Obayan, a man in his middle years, has initiated legal proceedings against his wife, Chibuzor Lillian Obayan, at a Customary Court situated in Oke-Eda, Akure. He is seeking the termination of their 23-year-long marriage due to her alleged attempt to alter the parentage of their four children.

Obayan has accused his estranged spouse of intentionally modifying their children’s surname to match that of her new husband. He is appealing to the court to dissolve the 23-year marriage he shares with Chibuzor.

According to Obayan’s testimony before the court, he stated, “Your Honor, right from the beginning, my marriage was plagued by conflicts, mistreatment, defiance, misunderstandings, falsehoods, manipulation, animosity, and anger.
I wedded Lilian in the year 2000, and we are blessed with four children. I am Yoruba, whereas my wife is of Igbo descent. I’ve faced considerable hardship at the hands of her family, as they’ve never held affection for me, yet I’ve persevered.”

He went on to explain, “In 2019, Lilian left our home to move in with another man, and she subsequently changed not only her own name but also our children’s surname to match that of the Igbo man she’s now engaged to.”

Obayan revealed that since Lilian’s departure from his home, he has been denied access to his children. He implored the court to dissolve the marriage, grant him custody of his children, and restore his surname as their own.

In her defense, Lilian countered by describing her former husband, Obayan, as highly irresponsible. She stated, “Your Honor, life has been incredibly challenging for me throughout the years we’ve spent together. Obayan took pleasure in subjecting me to various forms of abuse, including physical assault that led to fractures. He hasn’t been a supportive husband or a caring father, as he’s neglected his duty to pay for our children’s education and general welfare. He didn’t even fulfill the customary dowry payment.”

Lilian further explained, “I eventually found another man who was willing to marry me. My new partner desires our children to bear his surname, rather than that of their neglectful father. Our children are now mature enough to decide for themselves; Mayomi and Damilola, the two girls, are 22 and 20 years old, while Ariyo and Aduragbemi, the boys, are 18 and 16 years old respectively.”

She also noted that she had brought witnesses to the court to establish whether a traditional marriage had taken place between her and the petitioner. She urged the court to dissolve the marriage on the grounds that Obayan hadn’t fulfilled the dowry payment.

In his judgment, Magistrate Olusegun Rotiba, the court’s president, advised the parties to pursue peace and harmony. He adjourned the case until September 28, 2023, for further proceedings, including oral arguments or potentially reaching a decision.

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