AN APPRAISAL OF DIVORCE PROVISIONS UNDER THE MATRIMIONIAL CAUSES ACT IN NIGERIA

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M. O. IZUNWA

Abstract

The extant law on matrimonial causes in Nigeria is the Matrimonial Causes Act (MCA). Among other things, under sections 15 and 16 respectively, it provides for the grounds for divorce. In sections 70 - 73, it equally provides for reliefs incidental to or coterminous with divorce. These various provisions far more than what is obtainable under the customary law are human right compliant and better attuned to international best practice. However, it is the argument of this paper that much still need to be done in the areas of the grounds, procedures and reliefs available upon divorce, so as to ensure greater respect for and / or approximation to the natural law portrait of the sanctity of the marriage institution. It is the finding of this paper that modernity and its worldviews of pragmatism and satisfactory consequences have affected the appreciation of marriage by the Act. Hence while the Act on one hand has demonstrated a clear departure from the barbarous and repugnant customary practices attendant to divorce; it has on the other hand fallen headlong into the snare of the modern idolization of freedom and rights. This of course is another regrettable extreme to manage with. The methods adopted in this essay are statutory and case law constructions, analysis of provisions and practices and text interpretation of relevant works.

 

Keywords:
Marriage, divorce, matrimonial, critique, jurisprudence

Article Details

How to Cite
IZUNWA, M. O. (2016). AN APPRAISAL OF DIVORCE PROVISIONS UNDER THE MATRIMIONIAL CAUSES ACT IN NIGERIA. Journal of Global Research in Education and Social Science, 7(1), 1-8. Retrieved from http://www.ikprress.org/index.php/JOGRESS/article/view/2181
Section
Review Article