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.
“The court holds the view that by undeniable evidence that 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 Feb. 12, 2013 at marriage registry of Kaduna South District is hereby nullified."
It would be recalled that Mr. 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 s*xual 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.