GH - JOSEPHINE VERENA ERSKINE ARTHUR VS FRANK AVEH

The Petitioner filed an application for Leave to serve Notice of the Petition dated 12th April, 2022 on Respondent outside the jurisdiction and same was granted by the court on 23rd June, 2022. The Petitioner per the said Petition prayed for the dissolution of the marriage celebrated between the parties on 2nd August, 2015.

Parties were married under Part Three of the Marriages Act, 1884-1985 (Cap 127) at the Church of Pentecost, Burma Camp on 22nd August, 2015. Thereafter, the parties cohabited at the Respondent’s friend’s house in Accra for two weeks only. At the time of the marriage, the Petitioner was resident in Ghana whilst the Respondent was resident in the United Kingdom. The Petitioner was an Administrative Assistant at Airtel at the time of the marriage and the Respondent a Soldier in the British Army. There are no issues of the marriage and there has been no previous proceedings in any court regarding the marriage.

PETITIONER’S CASE

It is the case of the Petitioner that the marriage has broken down due to the unreasonable behavior of the Respondent. Petitioner testified that the Respondent refuses to communicate with her for no just cause and that Respondent called her once in a span of two years after Petitioner complained about his conduct to Respondent’s parents. Thereafter, Respondent has been very cold and distant towards her.

Petitioner testified that the Respondent has refused to provide for her financially and that after the lease of the parties rented house expired, she had to return to her parent’s house since she could not afford to pay for the rent. That the Respondent has no intention of relocating Petitioner to join him in the United Kingdom or coming to settle in Ghana.

Then again, the Respondent refused to have any sexual relations with her or share the same bedroom with her the few times he visited Ghana. That Respondent visited Ghana after a two year absence on the blind side of the Petitioner and she only found out when she visited the home of Respondent’s parents for a discussion on the status of their marriage. That all efforts by the families of the parties to reconcile them has failed.

RESPONDENT’S CASE

The Respondent entered appearance through his counsel on 22nd August, 2022 and filed an Answer and Cross-Petition on 2nd September, 2022.

It is the case of the Respondent that before and after the marriage, he rented an apartment at Baatsona and that he has been remitting the Petitioner regularly and has records of

PETITIONER’S CASE

RESPONDENT’S CASE

The Respondent entered appearance through his counsel on 22nd August, 2022 and filed an Answer and Cross-Petition on 2nd September, 2022.

It is the case of the Respondent that before and after the marriage, he rented an apartment at Baatsona and that he has been remitting the Petitioner regularly and has records of

JOSEPHINE VERENA ERSKINE ARTHUR VS FRANK AVEH

Areas of Law

JUDGMENT