JUDUCIAL PROVISION FOR THE MAINTTAINANCE OF CHILDREN IN TROUBLED MARRIAGES IN NIGERIA: A PHILOSOPHICAL CRITIQUE

Abstract

Legal provisions for the stability of marriage and most importantly maintenance of children of marriage especially when stability can no longer be guaranteed are necessary for the wellbeing of every society. In Nigeria these provisions are provided for in the Matrimonial Cause Act. Section 69, of the Acts provides for the interpretation of “marriageâ€, S. 70, the powers of court in maintenance proceedings, S. 71, power of court in Custody proceedings,S. 72,power of court in proceedings with respect to settlement of property&S. 73, the general power of court. In this context, financial reliefs are generally made ancillary to a pending matrimonial Cause but it does appear that the provision of S.70 are wide enough to admit an independent application for maintenance under the Matrimonial Cause Act. Based on this, there is a long standing controversy among jurists and philosophers of lawon whether there is an adequate legal provision in Nigeria for the maintenance of women and especially children who are involved in marriages that are going through crisis. While some scholars on the one hand, believe that S. 70 of the Act provides only for such maintenance as ancillary to a main legal process seeking the dissolution of a marriage, there are other scholars who argue that the provision of section 70, especially subsection 1, can be interpreted broadly and considered as a cause on its own independent of a motion seeking the dissolution of a marriage. This paper following its findings argues that this controversy arises from lack of clarity in the wordings of this particular section of the Act. The study sees this as evidence of the lack of adequate provisions for children on the horn of collapsing marriages. It therefore calls for a legislative amendment of the document to make the Act not only clearer but also make adequate provision for the protection of children and women in marriages embroiled in crisis.