2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a petition for divorce by the Petitioner on grounds of desertion and cruelty by the Respondent in a 12-year marriage. The court required proof of irreconcilable breakdown of the marriage under Section 2(3) of the Matrimonial Causes Act. Despite not filing an answer, the Respondent contested through cross-examination. The court found insufficient evidence for desertion but confirmed cruelty and granted the divorce, awarding custody of the children to the Petitioner along with reasonable maintenance. The court also granted the Petitioner the matrimonial home and a KIA Sportage vehicle.
The Petitioner seeks a dissolution of the marriage celebrated between herself and the Respondent on the grounds that the Respondent during the pendency of their twelve (12) year marriage has deserted the Petitioner and treated her with cruelty.
Even though not expressly stated, Petitioner appears to accuse the Respondent of adultery in paragraph 18 of her petition.
The Respondent though duly served with the petition opted not to file an answer because according to his counsel they had “no objection to the petition”. Both counsel for Respondent and Petitioner, therefore prayed, at the commencement of the trial for an order for dissolution of the marriage pending an agreement being reached by the parties on the ancillary reliefs.
This court however declined the said invitation in the light of Section 2(3) of the Matrimonial Causes Act, Act 367 which enjoins this court only to grant a petition for divorce after is has been satisfied on all the evidence that there has been an irreconcilable breakdown of the marriage.
See DONKOR VS. DONKOR (1982-83) GLR 1156, IDDISAH VS. IDDISAH (SUIT NO. H/1/164/11 CIVIL APPEAL DATED 11TH NOVEMBER, 2011. Both Petitioner and Respondent are Ghanaians who were married customarily in 2004 which marriage was subsequently registered in 2014. There are two (2) children of the marriage namely, Godrine Sarfo and Albright Achiaa aged 11and 8 respectively at the time of the filing of the petition.
The Petition further reveals that the Petitioner, a beautician by profession is ordinarily resident in Ghana whereas the Respondent who is a businessman, is ordinarily resident in Holland.
The relevant portions of the petition disclose the following facts:
“(15) That the marriage between the parties has broken down beyond reconciliation.
(a) The Respondent has deserted the Petitioner
(b) The Respondent treats the Petitioner with cruelty.
That the Respondent lives with another woman in Holland and so does not see the need to live with Petitioner.
That for the past twelve (12) years, the Petitioner a young woman of 32 has lived a married life without a husband at home but a husband at a distance in the arms of another woman, only to come to Ghana for some three (3) weeks and to go back to his mistress and that has been the Petitioner’s distress for the past twelve (12) years of marriage.
That the Respondent abuses the Petitioner both physically and verbally at his pleasure in