APPLICATION OF THE LAW OF MAINTENANCE UNDER SECTION 70 OF THE MATRIMONIAL CAUSES ACT, CAP M7, LFN 2004

Abstract

Under section 70 of the Matrimonial Causes Act, the Courts have powers to make order for the maintenance of the parties to a marriage, including the children of the marriage. This paper examines the application of section 70 of the Matrimonial Causes Act, 2004 on issues relating to the maintenance of a spouse and children of a marriage. The paper states that, the provision of the said section, places the husband and the wife on the same pedestal in terms of the right to seek for maintenance. But that the spirit of the common law continues to influence our courts as if the maintenance position under the common law is still applicable in Nigeria. The researcher adopted the doctrinal research method. The paper concludes that, the applicable law on maintenance in Nigeria is section 70 of the Matrimonial Causes Act. Therefore, it is right for our courts to apply the current law on maintenance in Nigeria.