A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.? I also want to add that assumption of death declaration is just for document purpose and can be used by the wife to access family property in any form .It is not a license for remarriage.You still need to dissolve the first marriage before you go for the second one. This however applies to those who want to do things properly and legally not in our society where most people do what they like on marriage matters. Any contrary opinion is respected

Rightful owner of the woman? Is she a chattel to be owned?

He has a lotta nerves, disappearing into thin air and waltzing back into her life years later talking 'bout he's her rightful owner. Rightful owner ko.

The man she is now married to and has two kids with IS her husband.

First, no human being is the rightful owner of another human being.

Second, a missing person is declared legally dead not missing. If a missing person is declared legally dead then the marriage also becomes void.

They are both shareholders with the current husband having the highest shares

liberalchick:
First, no human being is the rightful owner of another human being.

Second, a missing person is declared legally dead not missing. If a missing person is declared legally dead then the marriage also becomes void.

He is legally alive now.Also disolution of the first marriage was not presented before the court but legal mising of the first husband.

ejimatic:
He is legally alive now.Also disolution of the first marriage was not presented before the court but legal mising of the first husband.

It doesn’t matter if the first marriage was dissolved or not, if the man was legally declared dead, then the marriage also ended by default. Death ends a marriage. There’s nothing like “legally missing”.

Why was he missing though? Was he kidnapped by another woman?

liberalchick:

It doesn’t matter if the first marriage was dissolved or not, if the man was legally declared dead, then the marriage also ended by default. Death ends a marriage. There’s nothing like “legally missing”.

. This discussion is becoming interesting

It's the second man, there is an assumption of death of a missing person after 7 years, which is a valid ground for the annulment of a marriage.

kendological:
It's the second man, there is an assumption of death of a missing person after 7 years, which is a valid ground for the annulment of a marriage.

. Assumption that is the word.He is assumed to have died but he is not dead.Something therefore is still wrong about the second marriage....The discussion continues

ejimatic:
A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.?

First and foremost, no one "owns" another. Where was he all those years? You don't get to disappear and re-appear at will, to continue from where you "stopped".

Now he has re-appeared, the woman and her family of birth can return the bride price to the man and his family if such applies where they come from and get a lawyer to sort out the legal angle of their "marriage".

ejimatic:
. Assumption that is the word.He is assumed to have died but he is not dead.Something therefore is still wrong about the second marriage....The discussion continues

Assumption turned to Confirmation when she Applied for and Obtained A Declaration of Death.

He was therefore rightfully Ousted and A Fresh Marriage can be instituted on the basis of the Declaration!

ejimatic:
. Assumption that is the word.He is assumed to have died but he is not dead.Something therefore is still wrong about the second marriage....The discussion continues

It's a legal assumption, it has legal effect, "the law does nothing" in vain.

Dtruthspeaker:


Assumption turned to Confirmation when she Applied for and Obtained A Declaration of Death.

He was therefore rightfully Ousted and A Fresh Marriage can be instituted on the basis of the Declaration!

. Declaration of Death become void when the assumed deadperaon appears again.

ejimatic:
. Declaration of Death become void when the assumed deadperaon appears again.

Never!

The former husband has to apply for it to be set aside which will fall because it has been overtaken by events which have acquired priority over him.

Dtruthspeaker:


Never!

The former husband has to apply for it to be set aside which will fall because it has been overtaken by events which have acquired priority over him.

. IIs declaration of Death similar to dissolution of marriage? Answer is NO

They are both real husband.

ejimatic:
. IIs declaration of Death similar to dissolution of marriage? Answer is NO

Wrong!

One of the requirements of that Declaration is to State that the Previous Marriage has been Terminated and Extinguished by Reason of Statutory Death!

Therefore, it is an Automatic Decree Absolute and A Final Judgement!

ejimatic:
A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.?

. When the above family issue arises the woman must aprroach the court for assumed declaration of Death after seven years of his disappearance...The court will not ask the woman to go and remarry because the first marriage is still intact and even after legal declaration of marriage is sought and given the first husband is still the REAl husband under the law. The second thing for her to do is to apply for the disolution of marriage with the run away husband.Thw dissolution is usually approved on a compassionate ground.With the dissolution of marriage the woman is free to remarry now.After her remmarige if the missing man resufaces the second man is the REAL husband. In some cases some women go into second marriage without dissolution of the first marriage relying on declaration of Death which is not marriage dissolution only to find out that the second marriage is null void Granted a case like this is emotional and disturbing but the opinion of the law on remmariage is sacrosanct.

If the first marriage was still valid, then she couldn’t have contracted another. When a person has been declared dead, a death certificate issued. With the death certificate, if you were married to the name on the death certificate, you are free to marry another.
With a death certificate, you can settle the affairs of that person, you can claim life insurance, pension etc.

The death certificate of your spouse means you are widowed, that’s the proof you show at the registry.

If the person resurfaces, then they have to legally declare they’re alive, your ex-wife’s second marriage is still valid, she will have to divorce her second husband to marry you again. There’s a reason there’s a minimum 7 year wait.

ejimatic:
. ...The court will not ask the woman to go and remarry because the first marriage is still intact

How can the Court Order her to remarry, eh? Is marriage a court ordered affair? Or does The Law Compell marriage?

ejimatic:
.
...and even after legal declaration of marriage is sought and given the first husband is still the REAl husband under the law.

What kind of filthy statement are you saying, even after you could not get past me?

I am Sure you have not heard this Law "An Extinguished Right, Does Not Revive!"

ejimatic:
.
The second thing for her to do is to apply for the disolution of marriage with the run away husband.

A Declaration of the Death of A Spouse is A Final Judgement and A Judgement on the Merit, therefore it operates as a Decree Nissi.

It is not possible to divorce the dead, the Presumption of death operates as a dissolution of marriage when granted, for it was rebuttable (Decree Nisi) for 7 Years and it became irrebuttable (Decree Absolute) upon the continuous absence of the missing spouse.

After all, when a spouse dies, does the surviving spouse still approach the Court for a decree of dissolution of marriage?

ejimatic:
.
Thw dissolution is usually approved on a compassionate ground.With the dissolution of marriage the woman is free to remarry now.After her remmarige if the missing man resufaces the second man is the REAL husband.

You are Wrong! Extinguished Actions Do Not Revive!

ejimatic:
.
In some cases some women go into second marriage without dissolution of the first marriage relying on declaration of Death which is not marriage dissolution only to find out that the second marriage is null void.

This is not True.No such case exists, it is a creation of your own personal thinking.

ejimatic:
.
Granted a case like this is emotional and disturbing but the opinion of the law on remmariage is sacrosanct.

And The Law Clearly Says, "An Extinguished Action, Does Not Receive" A Case of eating your cake, having it and still putting it in the freezer" as Jimi Dish would say!

Advertise yourself if you want to advertise yourself but let your basis be True!

Dtruthspeaker:


Wrong!

One of the requirements of that Declaration is to State that the Previous Marriage has been Terminated and Extinguished by Reason of Statutory Death!

Therefore, it is an Automatic Decree Absolute and A Final Judgement!

This is Sweet @ the Bolded.

Exactly as a Court Ordered Winding up of a Company Results in the Statutory Death of that Company for it Terminates and Extinguishes the Company!

The Company cannot be heard to come back to say it is still alive and that the Court Ordered Death/Termination is not a Death!

It is and as such the Company can no longer act as a Company as a result of that Pronouncement!

For it is Dead in the eyes of the Law!

Same for the former husband, he is dead in the eyes of the Law in relation to marriage to the affected woman!

Thus, her later contracted marriage stands in the same eyes of the Law!

truespeak:


This is Sweet @ the Bolded.

Exactly as a Court Ordered Winding up of a Company Results in the Statutory Death of that Company for it Terminates and Extinguishes the Company!

The Company cannot be heard to come back to say it is still alive and that the Court Ordered Death/Termination is not a Death!

It is and as such the Company can no longer act as a Company as a result of that Pronouncement!

For it is Dead in the eyes of the Law!

Same for the former husband, he is dead in the eyes of the Law in relation to marriage to the affected woman!

Thus, her later contracted marriage stands in the same eyes of the Law!

Yes, the Marriage has been Winded Up! Beautiful view!

This is a case of Voluntary Winding Up of Marriage by the Supervision (Order) of the Court!

I am going to use it in Court!

Dtruthspeaker:


Yes, the Marriage has been Winded Up! Beautiful view!

This is a case of Voluntary Winding Up of Marriage by the Supervision (Order) of the Court!

I am going to use it in Court!

Hmm!

This is Intellectual Property and subject to Copy Right Laws, therefore I reserve a percentage of revenue derived from it's use at any point of use, in any place or time, in any form or manner, whether used wholly or partly, whether in its present form (as is), or any variation thereof which can reasonably be inferred to have been derived from the said Property

truespeak:


Hmm!

This is Intellectual Property and subject to Copy Right Laws, therefore I reserve a percentage of revenue derived from it's use at any point of use, in any place or time, in any form or manner, whether used wholly or partly, whether in its present form (as is), or any variation thereof which can reasonably be inferred to have been derived from the said Property

Eh, Counsel! I am speechless! Erm, we shall have to take a date for further consideration of the matter.

ejimatic:
A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.?

. I disagree with my friend who said it is not possible to divorce the dead It depends on your prayers before the court.Some people in Nigeria have been divorced even without allowing the second party to appear in the court. A man for example got a divorce paper from a court for his wife who left him with his children.She only woke up and got a divorce paper.The point I am making is that the court does address anger or emotion but interpretation of cases within the gambit of the law.If a federal high court issues a death declaration it can also address the divorce case of a marriage between a woman and an assumed dead husband after seven year. Additionally I want to reiterate that death declaration in this matter is just an assumption not a certainty. And so it can never replace a divorce certificate.A proper dissolution of marriage takes place when you have your divorce paper in a federal high court if it is a statutory marriage..Death declaration is just to put the matter on record for legal purpose it is not a legal substitute for legal divorce.If the woman wants to file the case she will use marriage certificate and declaration of assumption of Death of her husband issues by a court as evidences .I am very sure that the divorce prayer will be grated by the court so that she can move on with his life...........Finally if this does not take place the FIRST MAN is still the husband and so be it.

Dtruthspeaker:


Eh, Counsel! I am speechless! Erm, we shall have to take a date for further consideration of the matter.

Granted!

ejimatic:
. I disagree with my friend who said it is not possible to divorce the dead. It depends on your prayers before the court.Some people in Nigeria have been divorced even without allowing the second party to appear in the court.

Non-appearance is not Dead!

ejimatic:

. A man for example got a divorce paper from a court for his wife who left him with his children.She only woke up and got a divorce paper.

Divorce paper? You must not be familiar with the divorce process.

ejimatic:

The point I am making is that the court does address anger or emotion but interpretation of cases within the gambit of the law.

The word is "res" and Cause of Action!

ejimatic:

If a federal high court issues a death declaration it can also address the divorce case of a marriage between a woman and an assumed dead husband after seven year.

Federal High Court? Divorce? Divorce Papers?

No wonder!

Respectfully, My friend, you are not a Lawyer but you are welcome to engage in legal issues and I do encourage you to become one.

You have argued admirably and properly even if you were wrong. And your wrong is based on the fact that you are not Truly a Lawyer, for you would have known the many reasons why the case advocate for, will not get past P.O, not to talk about the trial itself!

ejimatic:

Additionally I want to reiterate that death declaration in this matter is just an assumption not a certainty.

See, that's why you are not a lawyer! Let me not go on to see the remainder of your work. But I do admire the fact that you intend to do Right but you would not be able to do so without proper training!

ejimatic:
. I disagree with my friend who said it is not possible to divorce the dead It depends on your prayers before the court.Some people in Nigeria have been divorced even without allowing the second party to appear in the court. A man for example got a divorce paper from a court for his wife who left him with his children.She only woke up and got a divorce paper.The point I am making is that the court does address anger or emotion but interpretation of cases within the gambit of the law.If a federal high court issues a death declaration it can also address the divorce case of a marriage between a woman and an assumed dead husband after seven year. Additionally I want to reiterate that death declaration in this matter is just an assumption not a certainty. And so it can never replace a divorce certificate.A proper dissolution of marriage takes place when you have your divorce paper in a federal high court if it is a statutory marriage..Death declaration is just to put the matter on record for legal purpose it is not a legal substitute for legal divorce.If the woman wants to file the case she will use marriage certificate and declaration of assumption of Death of her husband issues by a court as evidences .I am very sure that the divorce prayer will be grated by the court so that she can move on with his life...........Finally if this does not take place the FIRST MAN is still the husband and so be it.

. A statutory marriage can only be dissolved in a. high court while a traditional marriage can only be dissolved in a Magistrate Court or customary court.... As for the divorce case I referred to it happened to somebody I know so well that I was even afraid when I saw it.AMqny things take in the application of the Nigerian jurisprudence. Additionally I am not here to win an argument but to explain what applies in the case study under consideration.Issues are presented in court with argument for or against .The court will decide based on the available evidence.

ejimatic:
. I disagree with my friend who said it is not possible to divorce the dead. It depends on your prayers before the court.

Otio o!

So even in spite of the Law that Litigation can not be Commenced or Brought against the dead, you say this?

So pesin wey im spouse don die go still go divorce im dead spouse, even in spite of the Knowledge that Death of a spouse brings a Natural end to the marriage?

Bros, you have entered into Ridiculousness in a bid to defend your wrongful stand!

ejimatic:
.Some people in Nigeria have been divorced even without allowing the second party to appear in the court. A man for example got a divorce paper from a court for his wife who left him with his children.She only woke up and got a divorce paper.[\quote]

Every Lawyer knows that such a Divorce gotten without prior Notice of the Divorce Proceedings Served on the Respondent renders such a Divorce a Nullity and Shall be Set Aside on the Application of the Respondent!

So you see you fall again!

[quote author=ejimatic post=101099513].The point I am making is that the court does address anger or emotion but interpretation of cases within the gambit of the law.

The Court Addresses Real Issues not Imagined Issues or Issues that have ceased to exist by reason of Natural Causes which is the effect of a dead spouse!

So this does not support your it is possible to divorce the dead stand

You fall again again!

ejimatic:
.If a federal high court issues a death declaration it can also address the divorce case of a marriage between a woman and an assumed dead husband after seven year.

Ha, Federal High Court ke!

For Divorce Matters?

Hmm! Are you Truly a Lawyer? For I had some suspicions already and now this!

This Totally kills you kpatakpata!

I now I understand why you keep arguing even in the face of Good Reason for every Lawyer knows to remove himself from continuing an Argument which has been defeated by Good Reason!

ejimatic:
. Additionally I want to reiterate that death declaration in this matter is just an assumption not a certainty.

You see, another fall, a Declaration of Law is a Holding/Judgement of Law which the Court shall Uphold!

It is not an assumption as you wrongly say!

It is Binding on All Persons Affected by it!

Thus Declaration of Title to Land is not an assumption but a Judgment which the person so Declared can Certainly Stand on!

A Declaration of Age is relied on as a Fact and not an assumption!

Just to mention a few!

The Law/Courts Do Not Deal with Assumptions, Conjectures and the Like but with Facts on which it Comes to a Judgment/Holding!

Every Lawyer knows this!

ejimatic:
.And so it can never replace a divorce certificate.A proper dissolution of marriage takes place when you have your divorce paper in a federal high court if it is a statutory marriage..

Federal High Court, again!

Bros, you are clearly not a Lawyer!

ejimatic:
.Death declaration is just to put the matter on record for legal purpose it is not a legal substitute for legal divorce.If the woman wants to file the case she will use marriage certificate and declaration of assumption of Death of her husband issues by a court as evidences .I am very sure that the divorce prayer will be grated by the court so that she can move on with his life...........Finally if this does not take place the FIRST MAN is still the husband and so be it.

As I said, you are not a Lawyer!

But I answer you thus-

A Declaration of Death of a Spouse renders him dead to the Marriage and as such the affected spouse standing on that Declaration can go ahead and did go ahead to Contract a Valid Marriage which the Court Must Uphold!

There can not be any further Transaction with the Dead in respect to that which the Death was declared for!

A spouse who has waited for the Mandatory Seven Years in order to be Declared free to change and alter her state Can Not be Put through another hassle and Burden as you wrongly state!

She has altered her state based on the Backing of Law, thus the Law Shall Continue to Back and Uphold her!

The Law Can Not and Must Do No Wrong, how much more to one who Complied with the Law!

Thus you are Wrong and Woefully Wrong!

ejimatic:
. A statutory marriage can only be dissolved in a. high court while a traditional marriage can only be dissolved in a Magistrate Court or customary court....

Ole Ole oooo!

You have now modified and altered your post!

Obviously having gone to Google it!

Well the Evidence of your statement which you have now wrongfully altered is on permanent record having already been quoted and addressed by me!

Further Proving my Assertion that you are not a Lawyer!

And Committing the offence of Wrongful Alteration and Falsification of Evidence on the Record!

ejimatic:
. A statutory marriage can only be dissolved in a. high court while a traditional marriage can only be dissolved in a Magistrate Court or customary court.... As for the divorce case I referred to it happened to somebody I know so well that I was even afraid when I saw it.AMqny things take in the application of the Nigerian jurisprudence. Additionally I am not here to win an argument but to explain what applies in the case study under consideration.Issues are presented in court with argument for or against .The court will decide based on the available evidence.

Now You are being Fraudulent! Changing ONLY the Errors, which I Willfully Pointed Out, Leaving many other Fatal Flaws.

And now, rather than stop digging, you sink yourself into more shame in Being Publicly called A Fake Lawyer!

NO GENUINE LAWYER CAN EVER EVER MAKE THOSE MISTAKES!

THE WORD IS "NEVER"! IT IS IMPOSSIBLE!

Even in the above post, your failure continues to shine like a flood light in the bush at night!

Nobility is Another Core Of Being A Lawyer and this is not Noble at all

ejimatic:
A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.?

. It seems many people have vested interest in this case possibly because of the woman involved. I am open for critism and will never abuse or use unrefined words against anybody.People s legal opinions differ on every case and that is why a court of law is available for the interpretation of cases.Everybidy s opinion is respected whether mature or poorly presented .I however did not withdraw my statement in any form I only said statutory marrieges are dissolved in high court court since Marriage Act is exclusive to Federal government..I don't know area of modification my friends are referring to .At any rate I still maintain my ground that assumption of Death does not mean certainty of death and neither does it end a marriage and if the man comes back he is still the husband unless there is a dissolution of the first marriage.Any other opinion shared by anybody is respected