Can a woman seek divorce from her husband if he cheated and got another lady to bear a child for him?

Infidelity is a good ground for dissolution if there's no condonation on your part. Returning bride price is not the only option applicable to dissolution of customary marriage. Customary court has the jurisdiction to dissolve but be aware that if you you had a valid statutory marriage alongside (e.g church marriage, Registry or licenced place of worship), you need to get a lawyer to file for the dissolution at the High Court. You can reach out for further advice.

You need to get a Lawyer to find out if the Church is a recognized place of worship by the Ministry of Interiors. Even if the Church is not recognized, you can file for nullity of Marriage. Your Husband's child outside marriage is a ground for Divorce which is evidence of his adultery that is ground of divorce. That he has refused to collect Bride prize is of no issue as the Court will separate you guys, and you can always give the bride price to his family.

Yes, a woman can seek dissolution of her marriage if her husband cheated and had a child with another woman while still married, as adultery is a recognized ground for divorce under Indian law, including for marriages performed traditionally or in church, not just through court registration.

Grounds for Divorce: Husband’s Adultery

Under Indian laws like the Hindu Marriage Act, 1955, voluntary sexual intercourse by a spouse with another person outside the marriage is valid grounds for divorce, regardless of whether the marriage was formalized in court, a church, or through customary traditional ceremonies.

The birth of a child with another woman is clear evidence of adultery, making the case for divorce even stronger.

Lack of children in the marriage is not a barrier to filing for divorce on these grounds.

Process if Husband Refuses to Accept Return of Bride Price

In customary marriages, especially in contexts like Southern Nigeria, returning the bride price is often seen as formalizing divorce. If the husband refuses to accept the bride price, the woman can petition a court to dissolve the marriage, and the bride price may be paid into court instead of directly to the husband.

Divorce is not automatically prevented if the husband refuses to accept the bride price. Courts recognize this issue and provide mechanisms so that a woman is not indefinitely trapped in marriage due to such refusal.

The best approach is to initiate divorce proceedings in the appropriate court, presenting evidence of adultery and, if required, seeking the court’s assistance in resolving any issues about the bride price.

Key Steps to Take

File a divorce petition on the grounds of adultery, providing proof such as evidence of the husband’s relationship and the other child.

If a church or traditional wedding is involved, consult a lawyer familiar with both the legal and customary aspects, to ensure all procedures (including return/refusal of bride price) are properly addressed.

If the husband refuses to accept the return of the bride price, request the court for formal dissolution of marriage and for legal directive on handling the bride price.

This approach ensures that the woman’s rights are protected and the marriage can be legally and customarily dissolved, even in the face of resistance from the husband regarding the bride price.