Legal Minds
Legal Minds
February 3, 2025 at 05:53 AM
*CONSORTIUM* A number of rights duties and obligations imposed on married spouses are collectively called consortium and there are as follows; *Change of name*: a married woman may use her husband’s name or surname even after separation. Except it is used with the intent to defraud. *Duty to Cohabit subject to the circumstances of the parties*. “State of things” for example, military service. The parties may mutually consent to live apart. Dunn v. Dunn. R v. Creamer. Desertion may result from wilful and unjustified refusal to cohabit without the intention to resume cohabitation. *Sexual intercourse*: the parties have a duty to consummate till separation. Failure to consummate may constitute a ground for nullity Section 15 (2) of the Matrimonial Causes Act. But impotence after consummation does not constitute a ground for nullity. Section 6 of the Criminal Code allows marital rape. The Lagos law has repealed this. Sexual demand should be reasonable. R v. Miller. At customary law, each spouse is expected to submit to the other’s reasonable sexual demands. *Mutual defense*: use of reasonable force to prevent actual threat or violence to a spouse on his presence.sc 32(3) of the Criminal Code see also Section 33(2) of the constitution. *REMEDIES FOR INTERFERENCE WITH CONSORTIUM.* *Enticement:* Some positive and wilful act of a third party that leads to the separation of the spouse. The third party must have intended the separation. Ignorance of marital status and honest advice given on request can be a defense. The principles of humanity may also be a good defence that the spouse had ill-treated his wife. *BY* *FELIX CHIBUIKE* *07089621300* *[email protected]* https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w

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