In UGBAH v. UGBAH (2026) 4 NWLR (Pt. 2035), the Supreme Court held that a woman can file a standalone action for maintenance for herself and that of her children without necessarily suing for divorce or nullity of the marriage.
The Court held that a woman is entitled to maintenance upon her marriage to a man, regardless of the type of marriage, whether Islamic, Customary, or Statutory. The right to maintenance of both the wife and children can be enforced if a man willfully neglects to maintain them.
In this case, the respondent, as the defendant at the trial court, challenged the appellant, as the plaintiff, for filing an action for maintenance by way of writ of summons. They contended that the appellant ought to have commenced the action under the Matrimonial Causes Act by way of a petition for divorce and then included prayers for maintenance in the divorce petition. The trial court dismissed the Preliminary Objection. Upon appeal to the Court of Appeal, the appeal was allowed, and the Court of Appeal held that the action ought to have been commenced by way of a petition.
Being dissatisfied, the Appellant appealed further to the Supreme Court. The Supreme Court finally settled this issue and held that a woman need not file for divorce before seeking maintenance for herself and her children. A woman may not want to be divorced “legally” and may simply want to claim maintenance. Therefore, arguing that a woman must first file a petition and then include maintenance as a relief is a way of forcing women to divorce their husbands before they can obtain maintenance.
As it stands now, the law is now settled that a woman does not have to divorce her husband before she can seek maintenance for herself and her children. She can remain married, live apart from her husband and still enforce her right and that of her children to maintenance in court.
Thank you.
Usman A. Lanase Esq.
30-09-2026.