HIV+ Woman Hides Her Status From Her Husband Before Marriage

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HIV+ Woman Hides Her Status From Her Husband Before Marriage

Court Dissolves 4-Year-Old Marriage For Concealing Disease

A Federal Capital Territory (FCT) High Court sitting in Maitama on
Monday, nullified a four-year-old marriage between Mr Ugochukwu Eke and
Uchenna Eke due to the wife’s terminal disease which she concealed.

The
judge, Justice Jude Okeke, in his judgment, held that the petitioner’s
evidence had been accepted since the woman did not file any protest
contradicting the facts.

“The court holds the view that by undeniable evidence that the respondent is suffering from HIV prior and during the marriage.

“In
the circumstance, the court holds the view that the petitioner has
fulfilled the provisions of section 5 (1) (a) of the Matrimonial Causes
Act 2004 to grant the prayers sought.

“In the light of this, a
decree of nullity of the marriage between the petitioner and the
respondent contracted on Feb. 12, 2013 at marriage registry of Kaduna
South District is hereby nullified,’’ Okeke said.

He recalled that Eke on June 15, 2016 filed a petition seeking the nullification of his marriage with his wife, Uchenna.

The
judge said that the petitioner pleaded for voiding of the marriage
because his wife was suffering from a terminal disease, and in a
communicable form before the consummation of the marriage.

He
held that the woman concealed the information about her health condition
from her husband and they got married after which she relocated from
Kaduna to Abuja on Nov. 29, 2013 to join the man.

Okeke held that there was no pre-marital dating and no medical laboratory test to ascertain their HIV status.

He
said that Eke on Dec. 2, 2015, discovered that his wife was HIV
positive after observing that she was sick and frequenting Kaduna to
visit a doctor.

According to the judge, the petitioner stopped
having sexual intercourse with the respondent and on Feb. 15, 2016, she
packed out of the house.

He, therefore, dissolved the marriage on
grounds that the woman did not contradict the prayer of her husband and
the facts presented by him to end the union. (NAN)

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