HILDA SERWA KPO v. CONSTANT DZIGBORDI ANYOMI
2015
HIGH COURT
GHANA
CORAM
- PATRICK BAAYEH JUSTICE OF THE HIGH COURT
Areas of Law
- Family Law
- Contract Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a divorce petition filed by Hilda Serwa Kpo against her husband. The court examined whether the marriage had broken down beyond reconciliation based on the Matrimonial Causes Act, 1971 (Act 367). The court found that the respondent had committed adultery, behaved unreasonably, and the couple had not lived as husband and wife for at least two years. The court concluded that the marriage had indeed broken down beyond reconciliation and granted the divorce. The judgment also included orders regarding child custody, maintenance, and division of responsibilities for the children's care. The court emphasized the evolving nature of spousal responsibilities in modern marriages, noting that both parties may be expected to contribute to family maintenance based on their earning capacity.
JUDGMENT
This is a petitioner for divorce filed by the petitioner, Hilda Serwa Kpo, seeking dissolution of their marriage contracted on 16th, May 2009.
In her petition the petitioner stated that she and respondent married first under customary law and later under the marriage Act, (1884) Cap 127 at Global Evangelical Church, Have in 2009 and have co-habited in Have. The petitioner is a trader while respondent is a businessman. Petitioner pleaded that the marriage is blessed with 4 children namely, Wise Anyomi 16years old, Princess Anyo - 12 years old, Princella Anyomi – 12 years old (twin) and Courage Anyomi aged 5 years.
Petitioner claimed that the marriage has broken down beyond reconciliation and gave some particulars of the breakdown as the respondent's willful neglect of the children and herself, financially, the respondent openly abuses her in public at the least provocation, and shows her no respect at all. That respondent has consistently told her that he is no longer interested in the marriage because he has got a better woman waiting to marry him.
Finally that several attempts by family members to reconcile their differences have proved futile.
In his response the respondent did not entirely deny the petitioner's claim but simply said that whatever is going on in the marriage is as a result of the behaviour of the petitioner.
In her testimony to the court petitioner said they married under customary law and later married under the marriage Act. That at the time of their marriage, they did not know each other very well but soon after the marriage, respondent starting showing his true colours. He would not give her money for upkeep of the family, he would not pay the children's school fees or buy their educational materials. Respondent has about three concubines in his life and has for some time now not bothered to stay in the matrimonial home.
Petitioner gave the names of Respondents concubines as Florence who lives at Kpeve, Dzifa who lives at Sagyikope near Kpando and the 3rd one at Logba whom she said she does not know her name. On some occasions these concubines sent gifts or parcels to respondent at home. Some which she intercepted but respondent always denied having anything to do with these women.
Petitioner told the court that she does not sleep in the same room with respondent and that it has been over two year since they had sex.
Petitioner believes the marriage has broken down beyond reconciliation because all effects by family