EVA ASANTEWAH v. FRANK BODOR FINAWAH

The Magistrate Court, presided over by HER WORSHIP (MRS.) Rosemary Edith Hayford, decided a matrimonial cause between a trader and a driver married since 22 October 1993. The petitioner sought dissolution on grounds of unreasonable behavior and persistent separation, requesting ancillary reliefs. The respondent denied unreasonable behavior and cross-petitioned for custody and alimony. The court reviewed evidence that the petitioner relocated to Accra with two children many years ago, that the respondent remained in Tarkwa, visited infrequently and ceased contact about five years prior, and that the parties had no sexual relations and failed to reconcile despite attempts. Applying the Matrimonial Causes Act, the court held that continuous non-cohabitation exceeding five years demonstrated breakdown beyond reconciliation. The court dissolved the marriage, granted custody of the 13-year-old, Vanessa Finawah, to the petitioner with reasonable access to the respondent, ordered monthly maintenance of GH₵500, a financial provision of GH₵2,000, and payment of medical and educational expenses, with no order as to costs.