Stella Dimoko Korkus.com: Court Dissolves 4-Yr-Old Marriage Over Secret HIV Status

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Tuesday, May 16, 2017

Court Dissolves 4-Yr-Old Marriage Over Secret HIV Status

A Federal Capital Territory, FCT, high court sitting in Maitama, yesterday, nullified a four-year-old marriage between Mr. Ugochukwu Eke and Uchenna Eke because the wife concealed her HIV status before marriage.


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.
He ruled: “The court holds the view that by undeniable evidence 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 February 12, 2013 at marriage registry of Kaduna South District is hereby nullified.”

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 November 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 December 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 February 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.


Vanguard

35 comments:

  1. Some women though. Why put him in such a risky and life threatening situation? Not fair.

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    Replies
    1. There was an HIV positive blog member who wrote a post that her hubby was negative and she has kept him in the dark about her status I think she mentioned living in Abuja also. Wicked world we live In!!!

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  2. Some women though. Why put him in such a risky and life threatening situation? Not fair.

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  3. Stupid man as if HIV is a death sentence. I wonder why women will want to kill themselves and stay with a man if he is the one suffering from HIV. They will stay and keep quiet and even help the man buy the drugs but you could not do it for your wife.

    Madam you too should have told him when you signed I Do line.... Lies everywhere

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    1. You are definitely the stupid one here. It's not about being HIV it's the fact that she conceded it before and during the marriage.The marriage is based on lies. If any stupid woman wants to hide it, that their stupidity and no one else.Nobody forces anyone to act the way they do, no one can force you to stay in marriage except yourself. Don't justify evil by giving excuses.People like you blame others for their woes. He doesn't want to continue and he has every right to ask for divorce! If and when your husband contract the sickness, stay all you want but don't expect anyone to follow you. Women and excuses. Smh.

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    2. Yori yori, it's obvious you fell off from your mother's womb and landed with your head when you were born. Your stupidity is epic. Don't worry, your brother will marry a woman with hiv and you'll clap for her for doing well by not telling Him. Stupid girl, always commenting like an imbecile. When they'll tell you people to get a simple education you won't hear.

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    3. Your comments on any topic are always out of point. Are u mentally okay? Na wahoo

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    4. Whatever you called your self. You must be a victim of condom leakage hence your comment is senseless.

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    5. Anons 14:52 HIV is no big deal, is not even a dead sentence, is better than diabetes & HPB cos you avoid only alcohol & eat everything u want, go to seminars on HIV awareness den u will understand more.

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    6. The law is that a marriage based on deceit can be nullified

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    7. Hmm, who am I to judge the man? What will I do if I were in his shoes?There is even a high possibility he is positive, absolutely not fair.

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  4. Choi!one of the cases we see but you can't divulge d info to the other partner,such a wicked world.

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  5. So they didn't do test before marriage

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  6. I think the man might have contracted it too. Nawa o. A man's mind is hidden that you wud not know what is going on in there. She acted deceitfully.

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    1. Because of the openness of the vagina women are more vulnerable to stds. So if the man is lucky he might not be infected but a woman sleeping with an hiv positive person would have been infected.

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  7. This is wrong on all levels, the woman is evil!
    I have talked about my status repeatedly on this blog and how I have refused to sleep with any man, condoms or none, since I found out, no matter how hard a man comes after me, and I have plenty, I refuse and people can't understand why, I just keep shut and keep it moving. That somebody INTENTIONALLY infected me doesn't mean I should do same to others.
    In the last few months, I've met and been talking with a man I really like, I think I love him sef but he's abroad and will return in September, I already told him we have a lot to talk about when he comes, I plan to tell him, give him the choice to stay or leave, I love him too much to hurt him, especially as he's been sooooo good to me, he has proven himself not to be a basket mouth so even if he decides to walk away, my secret is safe and I will understand.
    Now, that's how to do it, as much as HIV isn't a death sentence, we should be responsible especially for the ones we love.
    Another example, a day I cut myself with a knife I was cooking with, my sister rushed into the kitchen and tried to hold the bleeding hand to stem the blood flow, I refused and told her I can hold it myself, I even MADE SURE I cleaned the blood on the floor myself with bleach, THAT IS LOVE, you don't do evil to others just because "you don't want to loose them", in the end, YOU WILL LOOSE THEM TO HATE!!!
    #It'sNotADeathSentence
    #DoUntOthers
    #Don'tIncreaseTheStatistic!!!

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    Replies
    1. God bless u

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    2. God will surely give u ur own man, who will lov n adore u. Hiv is nothing when there is love, been with my hubby for 8 solid yrs, love conquers all.u shall testify

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    3. God bless you and reward your labour of love! Amen.

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    4. Awwwwww
      May our Good God bless u baby girl.
      I am soo sad😢U were intentionally infected?
      Yet u speak with so much love and Grace devoid of hurt And anger. I am soo sorry.
      I pray God blesses u beyond ur expectations. Even mine. You shall be happy and u shall find love. Sending u loads of warm hugs and love❤️

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    5. Anonymous at 16 May 2017 14:36 please mail me...PLEASE

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  8. Anon 14:36. Keep up the good deed. Your reward is surely in heaven. I have family member who was infected by her spouse and did not tell her until it became too late. May God remain your strength.

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  9. I salute your courage, its scary but never a death sentence, its wrong to pass it on to unsuspecting peeps, two wrongs don't make a right. It's well with you my dear, I pray the man understands and loves you cos u are a great person.

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  10. I salute your courage, its scary but never a death sentence, its wrong to pass it on to unsuspecting peeps, two wrongs don't make a right. It's well with you my dear, I pray the man understands and loves you cos u are a great person.

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  11. The way these men behave when the cookie crumbles. If the tables were turned shebi the entire family will be begging her to please keep his status a secret and stay with him. The for better for worse theory will now be emphasized. Because na the woman get HIV he has gone to court to disgrace her. What is good for the goose....

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  12. There are loads of men who infect their partners with HIV and u do not see the women going to court to either dissolve the marriage or disgrace the men. This Ugochukwu man is evil!!

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    1. We are talking about not telling her husband the truth here. Cho cho cho all the time. Una no dey taya?

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    2. Gbam! My husband is a medical doctor and he sees this case in his hospital everyday. Yesterday, he ran some tests on one of his patients and viola, the guy is HIV positive. He asked if he's aware of his status, he said yes, that he was diagnosed 8 years ago. He never even mentioned this to my husband initially when he was trying to find out what what wrong with him. The bombshell is that he never told his wife and he's been sleeping with this woman since he was diagnosed. He was hospitalised cos he was really sick. My husband met the wife by the guy's bed side later on when he was doing ward rounds, and the woman was bent on knowing what the husband is suffering from. Of course due to patients confidentiality, he couldn't divulge and he was standing there thinking the man was gonna open up to the woman, for where. Prior to that, my husband counselled him and explain why it's very important confides in his wife, but it looked like everything fell on deaf ears. The guilt never gree leave my husband till today. That's to tell you what human beings are capable of.

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    3. Let a staff of the hospital get his wife's number from their file and send her an anonymous message. Let her register a new SIM with a stranger and destroy the sim after texting her. Evil man

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    4. Let a staff of the hospital get his wife's number from their file and send her an anonymous message. Let her register a new SIM with a stranger and destroy the sim after texting her. I'm a medical personnel too and if I see such I will help to save life without being caught. Evil man

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  13. I have worked in a Clinic that sees HIV positive pregnant women, and many of the women hide their status from their husbands even before marriage.And when discovered in clinic, they still refuse to disclose their status. It is very wrong. It is evil. Because she keeps hiding to take her drugs, she might not give proper preventive medication to the baby because she is hiding her status, and finally, the portion husband could get infected, putting the entire family in Jeopardy. It is wrong!!!!

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