FAMILY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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GE |
Applicant |
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- and - |
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KE -and – AE |
1ST Respondent 2ND Respondent |
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Jennifer Seaman for the Respondents
Hearing dates: 24th to 28th June 2013
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Crown Copyright ©
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
MRS JUSTICE HOGG :
Introduction
The Family Background
E and G
"my husband's father did not want me to go back to my father's house, he did not allow me to go back. He did not want it to happen, he never wanted me to go. He did not agree to my leaving and I still stay in his house. I live there today."
"We did not part ways."
E and K
"Everybody in the compound were really happy that you were well, most people believed that you were married to a white woman. They were surprised when I told them you were still a bachelor and I also told them that you will becoming by December to be engaged to another woman."
The Issues
(a) E or his proxy would have had to inform his kinsmen that he wished to be divorced, and to convince them to support him in that wish. One of the kinsmen to be informed and convinced would have to be the family Diokpa (head of the family). This is a necessary step. A divorce could not take place without the approval or consent of E's kinsmen;
(b) The kinsmen of the wife needed to be informed that the husband wants a divorce. Usually this would be done through his own kinsmen. A meeting of the two sets of kinsmen would be held to discuss the matter and reach agreement;
(c) The bride price would have to be returned by the wife's kinsmen and accepted by the husband's kinsmen. The price had to be negotiated in money terms. Very occasionally the husband could waive the return of the bride price, but this had to be agreed by the wife's kinsmen. If a waiver could not be agreed the husband had to accept the return of the bride price. Otherwise there would be no valid divorce. Once it was paid and received the marriage would come to an end.
Before the return of the bride price the kinsmen normally tried to mediate between the couple to see whether they could be reconciled or their disputes settled in some way. If mediation failed the next step towards a divorce would be taken and the bride price returned.
Upon divorce, if she had not already left the husband's home and compound she would be sent back to her own family's home.
It was not normal for a divorced wife to remain living in the father's family compound even when she had born a son, or the children were young.
Conclusions