EUNICE ANIM VS NANA KWADWO FOSU
2024
HIGH COURT
GHANA
CORAM
- LADYSHIP JUSTICE CYNTHIA MARTINSON (MRS) (J)
Areas of Law
- Family Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Petitioner, Eunice Anim, successfully filed for divorce from the Respondent, who had misrepresented his marital status and job before their marriage on August 6, 2022. The Respondent had an affair with the Petitioner's sister, leading to significant psychological trauma for the Petitioner. The court granted the divorce after examining the evidence and finding the marriage irreparably broken. The Petitioner did not receive financial provision, but the Respondent was ordered to pay GH¢2,500 in costs.
Decreeing divorce between married couple is a daunting task for me, especially in young marriages like the present one which was filed by leave of the court because the marriage was less than two years prior to the filing of the Petition.
The Holy Bible book of Proverbs 31: 3 (NIV), reads: “Do not spend your strength on women, your vigour on those who ruin kings. ” The above writing is apt in the petition under consideration.
Again, it is trite that the decision to fall in love is mostly unconscious but the decision to stay in love is very conscious.
However, no court can compel parties to continue to marry.
Thus, if the parties themselves decide to seek divorce contrary to the biblical position if they are Christians, then the court will have to give its blessing to it.
On 2/5/2023, the Petitioner herein filed a motion seeking the leave from the court to file a petition under Section 9 [1] and [2] of Matrimonial Causes Act [1971] Act 367. On 18/5/2023 leave was granted by this court for the Petitioner to file the petition for divorce.
The Petitioner filed a petition on the 20th of June 2023 and prayed for the following reliefs against the Respondent: a) That the Ordinance Marriage contracted on the 6th of August 2022 be dissolved.
b) That the respondent be ordered to pay in ‘alternative’ (sic) a lump sum of GH¢5, 000. 00 as financial settlement.
The Respondent never filed an appearance and answer even though he was duly served.
The matter was later set down for trial.
When the case came up for hearing, the Petitioner testified without calling any witnesses.
The Petitioner testified in evidence as follows: Her name is Eunice Anim.
She lives at Mpraeso Akropong in the Kwahu South Municipal area and she is a trader whereas the Respondent is a Herbalist who lives at Olebu Accra.
She got married to the Respondent by ordinance on the 6th day of August 2022 at Nkawkaw District Court.
After the marriage, they moved to Accra to live at Olebu in a house she was made to believe was the personal property of the Respondent.
According to her, before the marriage the Respondent made her to believe that he was a divorcee, but he has some children, all minors from his previous marriage.
She added that, the Respondent also informed her that he was a clearing agent at Tema Port for the past 10 years and that he was financially independent.
She continued that, she got to know that all the information that the Respondent gave to her before the marriage