Is Denying Your Husband or Wife Food a Legal Offence? Nigerian Female Lawyer Provides Answers
- A Nigerian lawyer has explained how married couples could be charged with a crime for denying their spouses food
- She listed four reasons why such actions may amount to becoming a criminal offence that would land one in legal trouble
- What she said caught people’s attention, as tehy took to the comment section to share their opinion on what she had said
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A Nigerian lawyer, Stella Justice, has drawn people’s attention to whether denying their spouses food was a crime.
She noted that such action may amount to a criminal offence based on the reason for such denial.
Source: Facebook
On her Facebook page, Stella Justice Nnennaya listed out four reasons denying one’s spouse’s food could be a crime.
Her Facebook post read:
"IS DENYING YOUR HUSBAND OR WIFE FOOD A LEGAL OFFENCE? Under Nigerian law, deliberately denying your husband or wife food may amount to a criminal offence. If it is done in a way that causes cruelty, neglect, harm, or endangerment of health or life.
"It can fall under crüëlty to spouse, or failure to maintain a spouse or children, especially where the person has the means to provide food but refuses intentionally.
"However, it is not automatically a crime in every situation.
"It becomes criminal when:
"1. It is deliberate and continuous,
"2. Used as punishment or control,
"3. Causes suffering or risk to health, or affects children.
"Otherwise, it may still be:
"1. A civil issue (maintenance claim),
"2. Or a ground in matrimonial proceedings.
"Note; Marriage does not give anyone the right to starve another human being. Law punishes crüëlty, not quarrels."
Source: Facebook
In a chat with Legit.ng, another lawyer, Barrister Gift Nwokemba, shared how a woman can go about suing her husband for denying her food.
She said:
"Such a woman can sue her husband under the Matrimonial Causes Act and Violence Against Persons Act. A woman can sue her husband for not giving her food if she proves that she is not working and the man has been the one feeding. If he stops, the law considers it as him not fulfilling necessaries, also if he stops doing it for her children.
"She can file a suit for specific performance for the court to make the man do what he is supposed to do. Of course, she can sue and even sue for maintenance under the Violence Against Persons Act."
Reactions trail lawyer's opinion concerning marriage
Esther Glory Sunday said:
"Please like and comment on my posts so that I can get more of your posts on my feed to engage on."
Johnny Master said:
"Well spoken but you did not add OUR MARRIAGE MUST WORK."
Jude Mary said:
"Stella Justice Nnennaya the law which type of good ooooo I hope denied of the bedroom food is not a crime oooo."
Leonard Makokha said:
"My lawyer, black is your favourite colour, is it?"
Real Hans said:
"If husband no gree give wife food make wife go hustle and give herself food , what man can do woman can do better Abi una law no de quote that side ?"
Charles Nwaeze said:
"Starving somebody under you for any reason is a crime before God and man, no matter the circumstances, starvation is not an option at all."
Adekunle Coker said:
"Noted and appreciated with thanks!"
In related stories, a lawyer shares how wives can get a share of their husband's property, while another female lawyer explained why a couple can't get 50-50 property sharing during divorce.
Lawyer speaks on wife's maiden name
Meanwhile, Legit.ng previously reported that a Nigerian lawyer said that bearing your father’s surname as a wife wouldn't stop one's family visa with your husband.
She shared how such a woman can apply alongside their husband and children, despite still using her father's surname.
Her viral post sparked mixed reactions, as netizens shared their observations about what she said.
Source: Legit.ng
