EMELIA MENSAH VRS. MOHAMMED ACHAB
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ANTHONY K. YEBOAH J
Areas of Law
- Family Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a matrimonial dispute where the Petitioner sought the dissolution of marriage, custody of children, and settlement of property including financial provision. Both parties petitioned for dissolution, but the Petitioner additionally sought maintenance and property settlement. The court, after evaluating the evidence, granted the dissolution of the marriage, awarded custody of the children to the Petitioner, and ordered the Respondent to provide financial support for the children and the Petitioner.
This is a matrimonial petition for dissolution of marriage, custody of children of the marriage and settlement of property including financial provision.
The Petitioner is a Police woman and the Respondent is an officer of the Social Security and National Insurance Trust. Upon becoming married on 4/1/2000, they initially settled in Tamale in the Northern Region of Ghana where they first met and later relocated to Accra.
Between them, they have two biological children namely Ayman aged 12 and Adnan aged 8 years.
Per the petition and cross-petition they both petition the Court for an order dissolving their marriage and custody of the children.
The Petitioner, however, goes further to petition for maintenance of the children, their education and property settlement including financial provision.
DISSOLUTION From the evidence before the Court, it is clear that the marriage has broken beyond reconciliation.
Considering the fact that the attempts by the Court itself to encourage settlement failed after several adjournments, I am emboldened to conclude that there is no future for the marriage.
The Petitioner moved out of the matrimonial home because the Respondent incessantly insulted her and denied her sex.
The Respondent denied insulting her but admitted not having sex with her because of a medical condition.
I have no sufficient proof of the alleged medical condition in evidence.
Besides, it is in evidence that the Respondent would give“house-keeping money” not to the Petitioner but rather to the house-help.
This fact, coupled with the fact that the Respondent would not have what the Petitioner calls “heart to heart talk” with her, reasonably leads to the conclusion that there is sufficient ground for the dissolution of the marriage.
See Section 2(b) & (d) of Matrimonial Cause Act, 1971 Act 367, Kotei V. Kotei [1974] 2 GLR 172, Mensah V. Mensah [1972] 2 GLR 198 and Opoku-Owusu V. Opoku-Owusu [1973] 2 GLR 349. Accordingly, I find as a fact that, on account of the Respondent’s unbearable conduct, that the marriage between them has broken beyond reconciliation.
I hereby grant reliefs 1 of the Petition and of the Cross-Petition for the dissolution of the marriage between them.
The marriage contracted on 4/1/2000 between Emelia Mensah and Achab Mohammed is hereby dissolved and the marriage certificate cancelled.
CUSTODY As indicated above, there are two children of the marriage and two other biological children of the Respondent who are not the