GH - EMMANUEL KWASI ADUSEI vs RUTH AFFRAM

The Petitioner filed the Petition on 25th August, 2022 praying for the reliefs below:

1. That the said marriage between the parties be dissolved.

2. That the Petitioner be granted custody of the children with Respondent having access to them during weekends to them during weekends, holidays and school vacation.

3. That the Petitioner continue to rent out an apartment for the Respondent.

4. That the Respondent be settled with lump sum of GHC20, 000.00.

Parties were lawfully married under Ordinance on 24th February, 2013 at Word of Life Christian Centre at Manet, Spintex. Thereafter the parties cohabited at Achimota. The Petitioner is a Chartered Accountant and the Respondent a Business Woman.

There are four issues of the marriage namely: Ruth Sakyiwah Adusei (8 years), David Nana Kwaku Adusei (7years), Gracelyn Ohemah Yaa Adusei (4years) and Emmanuel Prince Kofi Adusei (1yr 11 months).

PETITIONER’S CASE

It is Petitioner’s case that the marriage with Respondent has broken down beyond reconciliation as a result of the unreasonable behaviour of the Respondent. That the Respondent moved out of the matrimonial home after the birth of the third child and came back upon the intervention of family members. Subsequently, the Respondent left the matrimonial home again when she was pregnant with the last child and informed him that she wasn’t interested in the marriage. After diligent effort by the parties, they have been unable to solve their differences.

RESPONDENT’S CASE

The Respondent filed her Answer on 9th September, 2022 and denied all the averments contained in the Petition.

It is the case of the Respondent that she only moved out of the matrimonial home temporarily to ascertain if they could live together but she realized that they could no longer live together so she subsequently moved out when she was pregnant with the last child. She came to the conclusion after evaluating the situation that she only need the Petitioner to take care of their children.

The Respondent testified that the family members are well aware that the parties are happier living apart from each other. Respondent agrees that the marriage should be dissolved.

THE ISSUE FOR DETERMINATION

The issue for determination is whether or not the marriage between the parties has broken down beyond reconciliation. The sole ground for dissolution of marriage is when it is established that the marriage has broken down beyond reconciliation under Section 1 (2) of Matrimonial Causes Ac