The Petitioner filed the instant Petition on 4th July, 2022 and prayed for a dissolution of the Ordinance Marriage between the parties.
Parties were lawfully married under Part Three of the Marriages Act (1884-1985) (Cap 127) at St Theresa’s Catholic Church, Awudome, North Kaneshie on 29th September, 2001. Thereafter the parties cohabited at North Kaneshie, Accra.
The Petitioner is a Building/Road Contractor and the Respondent, a Finance Administrator. There are no issues of the marriage and there has been no court proceedings in respect of this marriage.
The Respondent was served with the Petition on 6th July, 2022 but she failed to enter Appearance or file any process in court and never showed up in court either even though she was duly notified of the case pending at court by Hearing Notices dated 21st October, 2022 and 15th November, 2022. Thus, the Petitioner proved his case on 18th November, 2022.
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 Act, 1971 (Act 367).
To determine whether the marriage has broken down beyond reconciliation, the court has to determine if one or more of the following facts exist under Act 367 s. 2 (1):
a) That the Respondent has committed adultery and that by reason of such adultery the Petitioner finds it intolerable to live with the Respondent; or
b) That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent; or
c) That the Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition; or
d) That the parties to the marriage have not lived as man and wife for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent consents to the grant of a decree of divorce; provided that such consent shall not be unreasonably withheld and where the court is satisfied that it has been so withheld, the court may grant a petition for divorce, under this paragraph notwithstanding the refusal;-
e) That the parties to the marriage have not lived as man and wife for a continuous period of at least five years immediately preceding the presenting of the petition or
f) That
