EVA ASANTEWAH v. FRANK BODOR FINAWAH
2023
DISTRICT COURT
GHANA
CORAM
- HER WORSHIP (MRS.) ROSEMARY EDITH HAYFORD
Areas of Law
- Family Law
- Evidence Law
2023
DISTRICT COURT
GHANA
CORAM
AI Generated Summary
The petitioner, married to the respondent since October 22, 1993, sought a divorce citing the respondent's unreasonable behavior. They have three children. The respondent denied the allegations and filed a cross-petition. The court examined the claims, including that the petitioner had moved to Accra with the children without the respondent’s consent and lived separately for over five years. Applying principles from the Matrimonial Causes Act and the Evidence Act, the court concluded the marriage had broken down beyond reconciliation. The marriage was dissolved, custody of the youngest child was granted to the petitioner, and the respondent was ordered to provide financial support including maintenance and educational expenses for the child.
JUDGMENT
By a petition filed on 20/10/2022, the petitioner claims the marriage celebrated between
the parties on the 22nd of October 1993 has broken down beyond reconciliation as a
result of the unreasonable behaviour of the Respondent hence Petitioner prays for the
following reliefs:
1. That the marriage should be dissolved forthwith
2. That the court should compel the Respondent to provide shelter for the children
3. That Respondent should be compelled to compensate the Petitioner with an amount of
GH₵20,000.00
The Respondent filed an Answer on 03/11/2022 denying that he has behaved
unreasonably. He cross-petitioned as follows:
a. An order for the children to stay with him in Tarkwa in order for Respondent to cater
for them and avoid any unnecessary cost on rent
b. An order for Petitioner to pay alimony of GH₵30,000.00 to Respondent since
Petitioner is the one seeking to dissolve the marriage with no just cause.
c. That the Petitioner be made to bear all the incidentals arising out of this suit.
d. And for any other orders as this Honourable Court may deem fit so to order.
The parties filed their respective witness statements pursuant to an order of the court
and none of them called a witness. Petitioner tendered Exhibit A the marriage
certificate in support of her case.
PETITIONER’S CASE
Petitioner is a Trader and the Respondent is a driver. They have three children (two
adults and one minor child aged 13 years). It is the case of the Petitioner that the parties
lived peacefully and everything was well until the Respondent lost his job.
Subsequently, life became unbearable and the family began to encounter some
difficulties. Petitioner says that her sister came to their aid and assisted Petitioner with
some money to cater for the family on two different occasions. Eventually, her sister
invited the Petitioner to Accra in pursuit of a job. Petitioner says that with the consent of the Respondent, she went to Accra in search of a job and also got a job as a driver in a
private company for the Respondent but Respondent declined the offer. Later the
Respondent left for Tarkwa for a job. The petitioner avers she paid the Respondent a
visit one day in Tarkwa and the Respondent informed her he had lost his job. Petitioner
says she entreated the Respondent to come to Accra since there was a job for him as a
driver and also so that they would all live there as a family but Respondent refused. All
efforts to get the Respondent t