“…the learned trial judge was obviously not in a position to deal with the issue (i.e., the exercise of his discretion) unless he was first satisfied that a case for dissolution of the marriage was established- see also Taylor, F.J. (as he then was) in Adaramaja v. Adaramaja [1962] 1 All N.L.R. 247 at 253. The issue, however, is one which falls within the competence of this Court, and having heard argument on the subject we think that as was pointed out in Blunt v Blunt [1943] 2 All E.R. 76, the interest of the community at large should also be judged “by maintaining a true balance between respect for the binding sanctity of marriage and the social considerations which make it contrary to public policy to insist on the maintenance of a union which has utterly broken down.” In the same case (Blunt) it was also pointed out that the Court should, when considering whether it should exercise its discretion in favour of a petitioner who is also guilty of adultery, have regard to “the interest of the petitioner, and in particular the interest that the petitioner should be allowed to re-marry and live respectably.”
LawCompass
… the Digital Solution Research Tool
