DINA DELIGHT DONKORTSE VS FELIX AGBESI TETTEY
2024
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP ERASMUS NARH ADDO
Areas of Law
- Family Law
- Civil Procedure
- Alternative dispute resolution
2024
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
This case involves a divorce proceeding where both parties sought dissolution of their marriage. The court first adopted a consent judgment on ancillary matters such as child maintenance and custody, which were agreed upon through ADR. The main issue was whether the marriage had broken down beyond reconciliation. Based on the evidence presented, including the parties' statements and cross-examination, the court found that attempts to reconcile the parties had failed, and they had not lived as husband and wife for three years. Applying the Matrimonial Cause Act, 1971 (Act 367), the court determined that the marriage had indeed broken down beyond reconciliation and granted the divorce. The court emphasized the importance of diligent inquiry into the facts and the legal principle that the sole ground for divorce is the irretrievable breakdown of the marriage.
The petitioner filed the instant petition on 14th September, 2023, seeking the following reliefs:
(a) An order for the dissolution of the marriage celebrated between the parties since the same has broken down beyond reconciliation.
(b) An order for the Respondent to maintain the child at One Thousand Ghana Cedis (GH¢1,000.00) every month, to pay school fees, medical bills, and other educational needs of the issue.
(c) Any order(s) the Court may deem fit to make.
The Respondent also filed the filled form meant for such matrimonial matters and cross-petitioned as follows:
(a) An order for the dissolution of the marriage celebrated between the parties herein on 15th September, 2018.
(b) An order for the legal custody of the issue of the marriage to be granted to both Petitioner and Respondent.
(c) An order for the physical custody of the issue of the marriage to be granted to the Petitioner.
(d) An order for the Respondent to have reasonable access to the issue of the marriage either via calls or in person.
(e) An order that the Respondent would maintain the child with One Thousand Ghana Cedis (GH₵1,000.00) monthly, pay school fees, medical bills, and other educational needs of the issue.
(f) An order that each party should bear his/her own legal costs.
The parties were represented by their respective counsel on the first day scheduled for the parties’ appearance.
A pending Motion on Notice to amend the petitioner’s petition to include other reliefs was struck out based on the counsel for the petitioner’s request that she and the other side’s counsel have reached an amicable agreement. One key element of such terms was in respect of the maintenance of the child of GH₵1,000.00, effective from the end of October, 2023, which the Court accepted/adopted.
The dissolution of the marriage aspect was further referred to the ADR officer to promote effective reconciliation by reconciling the differences of the parties.
The ADR officer filed his report, which indicated that the attempts to reconcile the differences of the parties regarding the marriage have failed, but the minds of the parties have met on the monthly maintenance of GH₵1,000.00 for the child. The Respondent is to take care of the child’s needs, such as clothing, medical/health care needs, and to compensate the petitioner with an amount of GH₵15,000.00 to be paid in three (3) equal installments. This was also captured in the terms reached by the parties with the assistance of their lawyers.