DIANA YAWA DJIRACKOR VS SETH MENSAH KOJO DUMOGA
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)
Areas of Law
- Family Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Petitioner filed for divorce alleging the Respondent's unreasonable behavior. After several adjournments due to the Respondent's absence, the court dissolved the marriage, awarded financial compensation and costs to the Petitioner, and determined that the marriage had broken down irretrievably.
On the 16th of December, 2014, the Petitioner instituted the present divorce proceedings against the Respondent seeking the following reliefs: a) The dissolution of the marriage b) An order for the Respondent to pay a lump sum financial compensation of GH¢ 20,000.00 to the Petitioner c) The Respondent pays the cost of the proceeding.
The main allegation upon which the Petitioner grounds the instant Petition is that the marriage between the parties has broken down beyond reconciliation on account of the Respondent’s unreasonable behavior.
The Respondent, in his “RESPONSE TO PETITION” filed on the 13th day of February, 2015, admitted that the marriage had broken down but prayed in his Cross Petition that the Court refer the Parties to a Court-appointed Counselor for a final attempt at reconciliation.
The Parties, both Ghanaians, were married under the Ordinance on the 9th day of March, 1996, having been married customarily some 7 years prior to the said date. After the marriage, they cohabited at the Ministry of Finance flats, Dansoman, Accra between the years of 1990 and 1998 and then moved into their own house at Dome in September, 1998. There are two adult children of the marriage, namely Kekeli Dumoga aged 25 years and Delali Dumoga aged 22 years.
At the close of pleadings, the suit was fixed for hearing on the 28th day of May 2015 but suffered three subsequent adjournments because the Respondent, who entered appearance to the Petition by himself, was absent on each occasion. Upon being satisfied that the Respondent had spurned every opportunity afforded him to be present at the trial, this Court proceeded to hear the evidence of the Petitioner on the 2nd day of July, 2015, in the Respondent’s absence.
The testimony of the Petitioner is that the marriage between the parties has broken down beyond reconciliation because of the unreasonable behavior or conduct of the Respondent. The Petitioner cited a number of incidents to substantiate her allegation that the Respondent had behaved unreasonably during the subsistence of the marriage.
According to the Petitioner, the parties have been living apart since the year 2007. Two years prior to the said separation, the Respondent, who had moved out of the matrimonial bedroom into the guest room, took to threatening and abusive behavior by constantly terrorizing the Petitioner that he would kill her and kill himself if she did not leave the matrimonial home.
What the Petitioner termed the “exchange of assaul