THE BREACH OF THE PROMISE TO MARRY AND ITS CONSEQUENCES
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned." - William Congreve, 1670-1729
The following, scary but true, recently reported incident is apt in introducing this piece :
“Woman sent to jail for pouring hot oil on lover who refused to marry her... " A 25-year-old woman identified as Victoria Alonge was on Monday sentenced to one-year in jail by a Karu Senior Magistrate court for pouring hot oil on her boyfriend, Roland Nna, because he refused to marry her. Telegraphng.com reports that Victoria was sentenced to one year imprisonment without an option of fine after the convict admitted to the court that she committed the offence. Alonge was arraigned on a one-count charge of causing grievous harm to Nna, her boyfriend, who resides in Kurudu, Abuja. The prosecutor told the court that Alonge went to Nna’s house at about 4:30 a.m. on the fateful day and poured hot oil on him while he was asleep, resulting in grievous injury....
He said she was immediately arrested by the police, after which she confessed to the crime.
Njoku said that while in detention, Alonge threatened to inflict more harm on the victim.
The prosecutor, however, urged the court to summarily punish the accused because she did not deny the charge brought against her.
In her defence, Alonge told the court that her estranged lover dated her for over four years and promised to marry her,only for him to change his mind after falling in love with another woman in Abuja.
“I did that to teach him a bitter lesson because he refused to marry me after dating me for over four years,’’ Alonge said. “ He fooled me and my parents and ditched me after finding a new lover here in Abuja.I live in Lagos with my parents. He said she was immediately arrested by the police, after which she confessed to the crime. Njoku said that while in detention, Alonge threatened to inflict more harm on the victim. The prosecutor, however, urged the court to summarily punish the accused because she did not deny the charge brought against her. In her defence, Alonge told the court that her estranged lover dated her for over four years and promised to marry her, only for him to change his mind after falling in love with another woman in Abuja. “I did that to teach him a bitter lesson because he refused to marry me after dating me for over four years,” Alonge said. “He fooled me and my parents and ditched me after finding a new lover here in Abuja. I live in Lagos with my parents.” " " *Marriage is not by force na this woman. I won't be surprised to see some people support her action. Lol*
In these days of failed live -in- love affairs, heartbreaks, counter heartbreaks, jilting, eloping, dumping, etc, etc, commonly characterized in love/romantic relationships between lovers of opposite sex (or is it lovers of the same sex),it is most apposite to consider the legal implications of the above actions which bedevils pre marital institutions in our modern day societal living. An in-depth understanding of the concept of the “promise to marry” and the legal consequences of its breach thereof would most appropriately assist us in achieving this aim.
First, what is a “promise to marry” ? To decipher this concept, there is a need to know what a “promise” is in law. A “promise” is defined as the manifestation of an intention to act or refrain from acting in a specified manner conveyed in such a way that another is justified in understanding that a commitment has been made; a person’s assurance that a person will or will not do something. A promise to marry is thus defined as a betrothal, an engagement to be married also termed agreement to marry.
To be continued......