Mum started the search of their marriage certificate.She finally saw the certificate and also found her husband's will, tempted to read the content.As she flipped through the pages, her heart sank. There, in black and white, was the name of the second woman, the one who had just given birth to his child. She felt a surge of anger as she read that her husband had willed one of his estates to this woman, a clear indication of his intentions and this will must be written of recent.
Her children were indicated though,same as the new born son and his mother,whereas she's not found therein.
Her mind racing, she thought,if he thinks I won't fight for what's mine, he's mistaken. I'll sue him for bigamy, and I'll fight for my rights as a wife,She stormed out of the room.
That night,dad slept home.While he was asleep,she wovered her way to take pictures of his call history with her phone, the particular call from the number tagged "my second wife".And picture of the text message she sent to him that caused their first fight,she pictured the content of the text message too.
The next day,dad left the house during the afternoon.She clenched the will in her hand, determination burning in her eyes. She took me with her to her lawyer's office after informing her through call that we are coming.
We sat in her lawyer's office, a determined look on her face. She had gathered all the evidence she needed to take action against her husband for bigamy.
I've got it, she said, handing over her phone to the lawyer. I took pictures of his phone when he was asleep. I got the call history, the text message and here's the marriage certificate,mum said while passing the exhibits to her lawyer.
The lawyer nodded, scrolling through the phone.Excellent work, madam. This is great evidence. The call history shows multiple calls from the same number, and it's saved as 'my second wife'. The text messages are explicit, and they clearly show he's been having an affair.
The lawyer continued, we'll use this as evidence to show that he is in a relationship with her, and that he acknowledged her as a spouse. Now, let's prepare the petition.
The lawyer began typing away on her computer, drafting the petition while we waited patiently.
For real,mum is bringing a law suit against our father.This isn't appropriate.There's no advice aside this legal action she would agree to.
Which wife sues her husband?
I wonder.
The lawyer looked at her, concern etched on her face. What's wrong, madam? You look upset.
She handed to her lawyer the will, her eyes blazing. Look at this. He thinks he can just leave me out like I'm nothing. I'll show him what it means to mess with me.
The lawyer's expression turned grim as she scanned the document. This is indeed a strong motive for you to take action.
Well madam,I'll add this to the petition.
After few minutes,she turned to us.
Okay madam,check this out,the lawyer said as she shows mum the petition drafted.
IN THE HIGH COURT OF NIGERIA
BETWEEN
Mrs Kate Donald
Petitioner
AND
Mr Donald Williams
Respondent
PETITION FOR BIGAMY AND OTHER RELIEF
The Petitioner, Mrs Kate Donald, hereby petitions this Honourable Court for a decree of bigamy against the Respondent, Mr Donald Williams, and states as follows:
1. The Petitioner and Respondent were married on September 14th,2004 at Lagos, Nigeria and registered under the Marriage Act, Cap M6, Laws of the Federation of Nigeria, 2004.
2. The Respondent, while still married to the Petitioner, engaged in an affair with another lady and acknowledged her as his spouse.
3. The Respondent's actions constitute bigamy, an offense under Section 370 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.
4. The Respondent has further demonstrated his contempt for the Petitioner by excluding her from his Last Will and Testament, dated August 23, 2024, and instead bequeathing one of his estates to the said lady.
5. The Petitioner's rights as a wife have been grossly violated, and she seeks justice.
PARTICULARS OF BIGAMY
The Respondent's bigamy is particularized as follows:
- Engaging in an affair with another lady.
- Acknowledging the other lady as his spouse.
- Bequeathing property to second wife name in his Will.
RELIEF SOUGHT
The Petitioner seeks the following relief:
- A declaration that the Respondent is guilty of bigamy.
- A declaration that the Respondent's Will is invalid in so far as it purports to bequeath property to second wife's name.
- An order for the Respondent to pay maintenance to the Petitioner.
- Such further relief as the Court deems fit.
VERIFICATION
The Petitioner verifies that the contents of this petition are true to the best of her knowledge and belief.
Signed,
Mrs Kate Donald
Petitioner
COUNSEL
Edna Charles, Esq
Barrister-at-Law
Counsel for the Petitioner
I love this barrister.Her's eyes lit up with gratitude as she scanned the petition on the lawyer's computer screen. Thank you so much,she said, her voice filled with appreciation. This looks perfect. What's the next step?
The lawyer smiled, nodding. Now that we've filed the petition, we'll need to serve your husband with the court papers. This is where things get a bit tricky. We'll need to ensure he's properly served, either personally or through a process server.
Once he's been served, he'll have a certain number of days to respond to the petition. It's typically 14 days for most civil cases in Nigeria. If he fails to respond, the court may proceed with the case without him.
Mum nodded, taking it all in. And then what happens?
Well, if he responds, we'll proceed to a fair sitting, where both parties will present their cases. The court will then decide whether to grant the decree of bigamy and other reliefs sought,the lawyer explained.
To serve notice to the husband, the court may use various methods, including personal service, service through a process server, or even electronic means like SMS or email, as allowed by Nigerian law.
I'm ready. Let's do this,mum replied.
The lawyer nodded, making a few notes on her pad. I'll get the ball rolling, madam. We'll keep you updated on the progress.
The husband received the court papers, served via SMS ,and was shocked to discover his wife was suing him for bigamy, an offense punishable by up to seven years imprisonment in Nigeria.
How could she do this to me ? This is the highest betrayal so far...
This would be his thoughts.
He called a family meeting in the house, attended by mum and we the children, where he apologized for his actions and asked her to withdraw the case.
This shouldn't be your plan for me,we have children,what are you exactly teaching them,how to sue their spouse in their time ?Dad bitterly said.
What are you also exactly teaching them,how to have a partner outside their matrimonial home?
Oh please, whatever wrong I did was a mistake.We shouldn't fight over it anymore,it's enough.Children,talk to your mother,she is doing the abominable.
It is my right to sue,not abominable please.
However, she refused, insisting he appear in court to face the consequences.Meeting got to an end,dad left for his room while we were still with mum,all pleading her to withdraw the case against our father.
The next day, dad's friends, including the one who had mistakenly congratulated mum on the birth of the new child, arrived home ,hoping to persuade her to drop the case. They were accompanied by dad who was visibly distressed.
Mum however, remained resolute, refusing to see them or listen to their pleas. She had made up her mind to see justice served and was not going to be swayed by their entreaties.
The friends, including the one who had made the mistake, tried to appeal to her emotions, explaining that her husband was willing to apologize and make amends. But she was unmoved, her determination to hold him accountable for his actions unwavering.
The group eventually left, defeated and embarrassed.She resolve only strengthened, knowing she had taken the first step towards reclaiming her dignity and rights.The man, realizing the gravity of the situation, decided to inform both families about the impending legal action. He called a general family meeting, inviting both his family and his wife's family to address the issue.
During the meeting, the wife's family expressed their disappointment and concern over the husband's infidelity, while the husband's family tried to downplay the situation and beg for forgiveness. However, the wife remained resolute, insisting that she would proceed with legal action.
Despite efforts by both families to persuade her to drop the case, she refused, citing the need for justice and accountability for her husband's actions. The meeting ended with both families acknowledging her decision, with some reluctance.
Dad realizing she is not going to withdraw the case,informed his friends about the case and prepared for the court proceedings.
The case began, with the wife's lawyer presenting evidence, including the marriage certificate, call history, and text messages, to prove the husband's guilt.