. CHAPTER ONE GENERAL INTRODUCTION 1.1 INTRODUCTION Marriage is a universal institution which is accepted and recognized all over the world. It is the root of the family and of society. A family is an integral part of any society and marriage marks the beginning of a family. The Nigerian Legal System can be best described as a hotchpotch of Nigerian Legislation to wit; English Law, Customary Law, Islamic law, and Judicial Precedents. In Nigeria, two systems of marriage are recognized in Nigeria these are Statutory and Customary marriages. The statutory marriage is monogamous in nature, that is, the union of a man and a woman to the exclusion of others. The laws which govern the Celebration and Incidents of Statutory Marriage are found in Marriage Act and Matrimonial Causes Act .The customary marriage which is polygamous in nature is governed by the body of rules relating to a particular custom, so the customary law differs from one locality to another. One of the main characteristics of customary law is that it is dynamic, which means it is capable of flexibility and adaptability to changing circumstances in the society. The generic term marriage connotes in common parlance, the union of a man and a woman, the husband and wife . It may, when used in another context mean the state of being married. Nwogugu defined marriage as; a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on and governed by the social and religious norms of society. In Hyde V Hyde Lord Penzance defined marriage ‘as the voluntary union for life of one man and one woman to the exclusion of all others’.The fact that it must be a voluntary union and that only one man and one woman can conclude it, are abundantly confirmed in Nigerian law. In the same vein, Justice Douglas in Grisworl v Connecticut defined marriage as Coming together for better for worse , hopefully enduring and ultimate to the degree of being sacred. It is an association that promotes a way of life, not cause, a harmony in living , not, political faiths, a bilateral loyalty, not commercial or social projections, yet it is an association for as noble a purpose as any involved in our prior decisions.
According to Article 1 of the Moroccan Decree,
Marriage is a legal pack of association and solidarity between a man and a woman meant to last the objective thereof being to maintain chastity and lawful wedlock multiplying the nation through founding a family under the patronage of the husband on solid grounds to ensure for the constructing parties, the discharge of the responsibilities related to in securing peace love and respect.
Nassir Ahmed defined marriage as the union of two souls for love and two bodies for procreation and legalising of children. It is a civil contract based on mutual consent of the bride an groom. Since the real and natural and first unit of human civilization is family , there can be no legitimate marriage. To breakup family is to break up social life for no more natural unit can be substituted in its place.
The Kuwait Law only extend the above definition by adding “who can lawfully be wedded to him at the end of tranquility, chastity and the strength of the nation” Marriage as earlier said to be a universal institution transcends the world over without exception. This institution is dated to the time immemorial. The fact being stressed here is that there is an element of sanctity in marriage. The holy Quran stipulates thus: ......marry (other) women of your choice, two or three or four, but if you fear that you shall not be able to deal justly with them, then only one.....”
The Holy Bible provided thus: “... a man shall leave his father and mother and shall cleave unto his wife and they shall become one flesh…
Quite apart from its abstract meaning as the social institution ,
