<p style="text-align: justify"><strong>HABEEB ADEWALE OLUMUYIWA ABIRU, JSC (Delivering the Leading</strong> <strong>Judgment):</strong> The issue in this appeal revolves around the mode of commencement of an action claiming for sums of money for maintenance of wife and for education and welfare of children arising from a matrimonial relationship and whether such an action can be maintained without the necessity of filing a petition for the dissolution of the matrimonial relationship. The Appellants were the claimants in the action taken out in the High Court of Lagos State against the Respondent, as defendant, and they commenced the action by Writ of Summons and Statement of Claim filed on the 9th of June, 2006 pursuant to the Civil Procedure Rules of the High Court of Lagos State praying for the following orders</p><blockquote><p style="text-align: justify">i. An order that at the Respondent’s expense, the second and third Appellant should continue their education in Nigeria or abroad up to University level and/or adequate professional level, as their capacities may permit.</p><p style="text-align: justify">ii. An order compell…</p></blockquote>