Fathers Legally Bound to Support Wives and Children – Supreme Court Rules, says No Divorce Needed for Maintenance

In a landmark decision that strengthens the protection of women and children in marital relationships, the Supreme Court of Nigeria has held that fathers remain legally bound to provide support for their wives and children whether or not a marriage is dissolved.

Delivering judgment in Ugbah & Ors v. Ugbah (2025) LPELR-8173 (SC), the apex court clarified that a wife does not need to file for divorce before seeking maintenance and financial support for herself and her children.

The case stemmed from a suit filed by Mrs. Veronica Ugbah against her husband, Mr. Patrick Ugbah, in which she sought money for her upkeep, their children’s education, and alternative accommodation.

However, Mr. Ugbah objected, contending that such claims could only be made through a petition under the Matrimonial Causes Act typically tied to divorce or separation proceedings and not by a writ of summons.

While the High Court dismissed his objection and agreed to hear the case, the Court of Appeal overturned that decision, ruling that the suit was incompetent since it was not filed as a matrimonial cause.

In a unanimous decision, the Supreme Court disagreed with the appellate court and restored the High Court’s ruling. The justices held that both a wife and children have enforceable rights to maintenance and welfare that do not depend on divorce proceedings.

Justice of the Supreme Court noted that “the right of a child to education, care, and welfare is inherent and cannot be made contingent upon the status of the marriage.”

The Court further emphasized that the pursuit of substantial justice must prevail over technicalities, especially in cases affecting the rights and dignity of family members.

With this ruling, the apex court has reaffirmed that:

i. A wife can seek maintenance and support during marriage without filing for divorce.

ii. Children’s rights to welfare and education are independent and legally enforceable.

iii. Fathers have a continuing duty to support their families, regardless of marital disputes.