BarrElChapo's Posts
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Bahamas95:Maybe the law prohibits planting it though, I recently watched a documentary on Nat Geo. Planting coca leaves isn't a crime in Peru it's when processed into paste the first step in cocaine production that it becomes an criminal offence.. so you aren't entirely wrong |
award for sme.....ing ![]() |
where omotola ![]() |
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National Cake |
RIP |
Leave me and my family alone or else ![]() |
Freehuman: multitasking eh |
This is the beauty of legal practice. You come with your own advocacy with the aid of statutes and decided cases. I perceive you are law student, I maybe wrong though.. that's why the judges have the final say.. the law is dynamic and sometimes cannot be interpreted in a straight line.. Freehuman: |
Look at the what the law says I bolded it. Freehuman: |
The law says consent but the law also say of "either parties" the could mean that those who couched the law envisaged that both the proposer and proposee both give their consent, if any one of the those anything to negate it as in the instant case misrepresentation by the woman of her capacity to bear children. it would turn her consent to fraud. [quote author=Freehuman post=83611559 Check 3(d) above the key word is consent. Before you quoted me I had edited my post to explain it better to you. I hope you understand. ************ I get you. But it is illogical to claim fraud or duress . He was in nowhere defrauded or forced to marry her. A marriage is a contract and a promise to marry is an executory contract consisting of the promisor and promisee. The man is the promisor who makes a promise to the promisee and the promisee accepts the promise. How can the promisee then be liable for fraud or duress? By the the above I mean that it is only the party whose consent was sought that can dissolve the marriage because of fraud. The person who sought the consent cannot alledge fraud. As far as proposal is done in Nigeria by a man, he cannot claim fraud or duress. Fraud or duress can only be relied upon by the promisee or the party whose consent was sought. ![]() Below a screenshot from your article.[/quote] |
The law states otherwise: 3. (1) Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where- (a) either of the parties is, at the time of the marriage, lawfully married to some other person; (b) the parties are within the prohibited degrees of consanguinity or, subject to section 4 of this Act, of affinity; (c) the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages; (d) the consent of either of the parties is not a real consent because- (i) it was obtained by duress or fraud; or (ii) that party is mistaken as to identity of the other party, or as to the nature of the ceremony performed; or (iii) that party is mentally incapable of understand- ing the nature of the marriage contract; (e) either of the parties is not of marriageable age Freehuman: |
I'm not not claiming anything I just merely lifted what the law provides find below from the matrimonial causes act. 3. (1) Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where- (a) either of the parties is, at the time of the marriage, lawfully married to some other person; (b) the parties are within the prohibited degrees of consanguinity or, subject to section 4 of this Act, of affinity; (c) the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages; (d) the consent of either of the parties is not a real consent because- (i) it was obtained by duress or fraud; or (ii) that party is mistaken as to identity of the other party, or as to the nature of the ceremony performed; or (iii) that party is mentally incapable of understand- ing the nature of the marriage contract; (e) either of the parties is not of marriageable age You said marriage is a contract.. What are the ingredients of a valid contract ? Offer, consideration and acceptance. back to the scenario.. if a man wishes to marry a woman for the sole purpose of procreation and the woman accepts knowing fully that she cannot bear children. Has a valid contract been executed between them ? your guess is as good as mine. Keep in mind that procreation is the consideration for entering into the contract in the first place.. Cheers Freehuman: |
If you are a Nigerian. I just want you to find a lawyer friend and tell him to advise you or educate you on the kind of marriage our laws recognize. Your views will definitely shift a little bit from where you are now Wiseoldman: |
You see the post you replied had a scenario of infertility.. But you're missing the point all together.. Dissolution "divorce" of marriage is completely different from Annulment of marriage from the scenario that you replied and from my the article i sent you. If I were representing a petitioner I would come under Fraud or Duress Fraud is where there is dishonest misrepresentation by a party to the marriage by which the consent of the other was obtained, while duress is when a party to the marriage is compelled to contract such marriage by creating a state of fear or apprehension, which prevented the party from freely consenting to the marriage. juxtaposing it with the scenario. if the lady knew she was infertile before the marriage and the man can prove that she in fact misrepresented her capacity to bear children before the marriage. the man can seek for an Annulment of the marriage that is the marriage never existed in the first place. Sorry I don't have a copy of the act at the moment but if this doesn't convince you hopefully during the day we could continue. Cheers ! Where consent is proved to have been obtained by fraud or duress, the marriage is annulled not because of the presence of fraud or duress but because of the absence of consent. Freehuman: |
Brief a lawyer. He/she should be able to help you sort out the situation. Goodluck DeHumbleTboy: |
You are wrong. I have really do not have all day to type but just read up this article it should clarify any ambiguities or misconceptions you had earlier on. https://resolutionlawng.com/annulment-of-marriage-in-nigeria/ Freehuman: |
Lol.. You know this is the worst kind of hypocrisy, when you want to get married if you aren't already, this B.S that you spewed below, is it what you're gonna do ? lemme answer for you. No. don't advise someone what you won't do yourself and by the way if you got a lawyer friend ask them to explain to you the kind of marriage that the law recognizes in Nigeria. it will broaden your mind. Goodluck ZIMDRILL: |
It's not a white wedding, it's a church wedding if she believes in the God that she worships in a church then I don't see why she should be coerced into doing otherwise besides she gave the OP due notice, he cannot say he didn't know or expect these developments. Lamanii22: |
This is actually crazy sha. OP why is the date between your traditional marriage and church marriage too far in between.. I can't see any problems here cos she told you beforehand her conditions and you've successfully kept your part till now, why not fast track the church wedding so you can have her all to yourself. You knew she's born again so of course the church wedding would be more important to her. I'm even surprised she agreed to move in with you cos that's definitely gonna cause some friction since you had your own agenda/timetable to the no sex thing. For those saying if she isn't a virgin.........its all B.S cos everyone is entitled to second chances and she's exercising her discretion as per her beliefs. My advice fast track your white wedding, get it over with and wife her cos you're better off with a woman with some spiritual background than any other species as they come. Good luck |
this cubana guy seems a nice guy ![]() |
what's wrong with having grey hair at 25 ![]() |
nonsense ingredients ![]() |
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they must be very patient people.. ![]() |
Happy birthday to her |
How can I reach you ![]() Offpoint: |
I can relate with you on this cos I have aunts' who are unmarried and are well into their 60s and some who were stood many things on their traditional wedding and another introduction. My younger sister is in her afternoon newspaper stage of her life and is unmarried and i sometimes fear for her not to end up like our aunts and she definitely won't... that being said; I must commend you for at least trying to stay true to your moral values as it is the best decision/choice but I want you to know that's it's almost same for both men and women. how do I know I am in that boat.. I was in a relationship last 6years ago and I made a conscious decision to stay morally upright and maintain a non sex relationship until amongst others. But between then and know if i tell you how many heart wrenching experiences I've had from one who claimed had known no man but was having a filled day outside cos she knew I didn't even wanna confirm if she was or wasn't just wanted to be with her for who she was to others who like you but can't commit because of your standards.. Then when you come on here and see that at least 90% of persons here subscribe and are subscribing to it, what I sometimes think to myself is that if I want such relationship, it must be like one week to my wedding night. lolz. I believe if I opened a thread on the kind of relationship I want, you'd may see persons labeling me impotent perhaps ! The lonely nights are there, those times when you really wanna talk to her and not your best buddy are there, the feeling of missing out when your friends are with, talking or chatting with theirs is there, what about when you just wanna share your dreams visions the future with her.. Its a cold and lonely world flying solo you know. But have I given up on love ? nope ! do I believe I'd meet someone someday that believes in what I believe a relationship should be ? yep !. Until then I keep being myself and hoping for the best.. I guess you should too ! it's not your making but it's worth the wait for the right time and the right person.. hope you get some comfort... cheers ! safarigirl: |
Bro I believe that this your principles are founded on your faith/beliefs.. I'm a Christian I don't want to infer yours but from your name I'd want to believe we're of the same religion. Remember the adulterous woman in John 8:1-11 Jesus didn't condemn her eventhough the world did.. Did she commit a sin ? Hell yes! Did it have consequences ? Hell yes ! But is our God a gracious and merciful God ? Ohhh Yes ! What God truly desires is the repentance of a sinner and if its genuine thats all he sees. All He'll say is "go and sin no more" by reason of our human nature we're sinners constantly in need of God's grace towards perfection.. My only concern is this if the OP himself is truly grounded in Christ because what the lady needs is Christ and his grace not to go back into such ways.. I hope you see my perspective.. Cheers ! chuksjuve: |
Unfortunately you must be quite unexposed with this your one sided views of life. I was once like you but I'm better.. you'd grow up hopefully but if you don't well I'd pity............ chuksjuve: |
1. Do you think timing dint consult with a lot of persons before marrying his wife after those revelations 2. Do you honestly feel that he didn't have sleepless nights, doubts etc. 3. Do you honestly think when he was told rape he didn't maybe think he was being lied to ? Everyone deserves a second chance in life, even the OP has endorsed abortions in the past, which means there's a girl out there whom he has put in this same position as his current girlfriend. Life isn't set on stone.. It changes safarigirl: |
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