CHRISTABEL BONDZEWAH ASAMOAH VS NANA KWEKU ASAMOAH
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J
Areas of Law
- Family Law
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Petitioner sought the dissolution of her marriage with the Respondent due to unreasonable behavior, including infidelity and lack of financial support. The court granted the dissolution of the marriage, awarded custody of the child to the Petitioner with reasonable access for the Respondent, and ordered an equal distribution of jointly acquired properties.
The wife Petitioner seeks the dissolution of the marriage celebrated between herself and the Respondent on 26th August 2004 on the ground of unreasonable behaviour.
She prays per the following reliefs:
1. That the said marriage between the parties be dissolved.
2. That the petitioner be granted custody of the child of the marriage with reasonable access to the Respondent.
3. A declaration that the Petitioner is entitled to equal share in the landed properties acquired in the course of the marriage.
4. Any further order as the Honourable Court may deem fit.
The Respondent on the other hand prays per the following reliefs: i. That the said marriage between the parties be dissolved.
That the Respondent be granted custody of the child of the marriage with reasonable access to the Petitioner.
A declaration that the landed properties acquired during the course of the marriage be divided equally between the Parties.
Any further order or orders as this Honourable Court may deem fit.
The Petitioner who testified on oath says whereas she is a banker, the Respondent is self employed and that after the marriage in the United Kingdom, they lived there for a while before relocating to Ghana.
She alleges that the Respondent who is a philanderer has cheated on her twice, that he is not financially supportive of her and their son and that her efforts to set him up in business have proved futile.
Even though he confessed his infidelity and apologized (see Exhibit C) she says she was so emotionally and, psychologically affected that she became distracted and forgetful and her performance at work was below expectation (see Exhibit D). Meanwhile the Respondent became unreasonable and verbally abusive and he threatened to leave the marriage she alleges.
She testified that she eventually left the matrimonial home and efforts she made to have their misunderstandings resolved were unsuccessful.
She prays per her reliefs.
The Respondent who testified on oath, admits his infidelity and says he showed remorse by apologizing.
He attributes the breakdown of the marriage to the Petitioner who was always threatening to leave and six months after his second episode of infidelity moved out of the matrimonial home and changed the child’s school without notifying him.
The Respondent agrees that the marriage be dissolved after attempts at reconciliation proved futile.
Has the Petitioner led enough evidence to prove that the marriage has broken down beyond reconciliation?