Examination of Matrimonial Remedies/Relief Under the Matrimonial Causes Act

The importance of marriage between spouses has brought shout legal rules in every society in protect the legal union between spouses. The principal enactment in this respect in Nigeria is the Marriage Act and the Matrimonial Causes Act. The Matrimonial Causes Act (MCA) guarantees some safeguards in the manner of Judicial Separation, Restitution of Conjugal Rights, Jactitation, Maintenance, Custody and as a last resort, Dissolution of Marriage and Settlement of Properties. Though several reliefs avail spouses of statutory marriage in Nigeria, a number of these reliefs have proven inadequate overtime. The law on matrimonial causes in Nigeria has remained without appreciable improvement since the promulgation of the Matrimonial Cause Decree in 1970. In Nigeria, the law relating to alimony and settlement of matrimonial properties upon divorce, for instance, is a million miles away from reality and expectations of the society. This research work is basically aimed at examining some of the reliefs available to spouses of statutory marriage in Nigeria with a view to analyzing the scope and limitation inherent in these rights in the face of development in other jurisdictions. In order to achieve this aim, the research adopts the doctrinal research method which involves the use of both primary and secondary source material in dealing with the subject under review. The research demonstrates that a number of the available legal reliefs under the Matrimonial Causes Act are inadequate, and not in tune with development in other climes. The law on this has been unprogressive and the interpretation of these rights unimpressive in Nigeria. The research therefore makes a case for the review of some of the reliefs with a view to amending the law to give sufficient latitude to an elaborate and progressive interpretation of the law on the issue. Thus, the research work recommends that the Legislature or the Nigerian Law Review Commission should as a matter of urgency set legal machineries in place for a review of the Matrimonial Causes Act with the aim of improving on some of the reliefs in order to meet with societal expectations and reality of time