GH - LYDIA QUARCOOPOME VS MOSES QUARCOOPOME

The Petitioner filed the instant Petition on 27th July, 2021 praying for the following reliefs:

A. An order for the dissolution of the marriage celebrated between the parties as the marriage has broken down beyond reconciliation.

B. Lump sum financial settlement of GHC50, 000.00.

C. Equitable distribution of the matrimonial property.

D. Any other orders that this Honourable Court deems fit.

Parties were lawfully married under the Ordinance on 9th December, 2006 at the AII Saints Anglican Church, Accra. Thereafter the parties cohabited at Lagos, Nigeria and later at Chantan in Greater Accra Region of Ghana. There are four issues of the marriage namely Sandifeal Quarcoopome (40years), Gabriel Quarcoopome (35years), Anniel Quarcoopome (30years) and Comfort Quarcoopome (27years).

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 the parties to the marriage have after diligent effort, been unable to reconcile their difference.

The court gave further parti