DR. EMMANUEL MAURICE ANKRAH VS MRS AMA ANKRAH
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J.
Areas of Law
- Family Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The petitioner sought the dissolution of his marriage, alleging intolerable behavior and irreconcilable differences with the respondent. Despite the respondent's opposition, the court found that the marriage had broken down beyond reconciliation. The court dissolved the marriage, granted custody of the children to the respondent with reasonable access to the petitioner, and ordered the petitioner to maintain and pay for the children's education.
Per his petition, the husband petitioner seeks the dissolution of the marriage contracted between himself and the Respondent and prays for the following reliefs:
a. An order dissolving the marriage celebrated between the parties on the 23rd day of December 2003. b. An order that the Respondent has custody of the two issues of the marriage with reasonable access to the issues of the marriage by the Petitioner.
c. Any further reliefs as this Honourable Court deems just and equitable.
The Respondent per her amended answer on the other hand vehemently rejects and refuses the prayer of dissolution of the marriage.
According to the Petitioner who is a medical doctor as well as a legal practitioner, the Respondent constantly accuses him of infidelity and she would wake him up in the middle of the night to quarrel with him.
He alleges that he has no peace of mind at home because of the incessant quarrelling and therefore he shies away from his home.
It is his testimony that they have not lived as man and wife since January 2013. He further alleges that several attempts at settlement by his uncle a reverend minister, the Respondent’s elder sister and her husband and the Respondent’s father have proved futile.
He disagrees with the Respondent’s prayer that the marriage should not be dissolved because of her religious faith.
In cross examination he admits having extramarital affairs and sharing a house with one Kukua.
He reveals in cross examination that he no longer lives in the matrimonial home, that since October 2014 there has been no communication between them and that their two children are being affected negatively by their constant quarrels.
He was insistent that the marriage has broken down beyond reconciliation.
On the other hand, it is the testimony of the Respondent who is an ordained reverend minister that their marriage has not broken down beyond reconciliation.
She says the Petitioner is alleging so because he does not live in the matrimonial home which has been his life style since the inception of the marriage.
Additionally she says her marriage to the Petitioner is based on faith and that although she is unhappy that there is no communication between them and that he has been having affairs, she believes he will overcome this weakness and that his unfaithfulness has led her to a closer walk with God.
She admits that the Petitioner has not slept home for over a year and only picks the children up from school as pleaded by the Petitioner