The answer is conditional Yes. When intolerable adultery has been proved, the Court is entitled to hold that such marriage has broken down irretrievably, hence an order of dissolution.

It therefore follows adultery alone is not a sufficient ground for the Court to dissolve a marriage. The complaining party must also find it intolerable to live with his or her spouse because of it.

Where sexual relations continue between the husband and wife after one of them has committed adultery, then it would be assumed the innocent one does not find it intolerable to live with the spouse, hence he or she has would be said to have condoned the adultery.

Section 15 (2)(b) and Section 26 of the Nigeria Matrimonial Causes Act; Anagbado v. Anagbado

 

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