GH - MARTHA MENSAH v. BENJAMIN ATO BOHAM

JUDGMENT

The Petitioner seeks the dissolution of the marriage contracted between herself and

the Respondent under the Marriages Act (CAP 127) on the 14th day of May 1999 by

the hand of the Registrar of Marriages, Cape Coast at the Cape Coast Municipal

Office. In her petition for the dissolution of the marriage filed on 26 February 2019,

she avers that during the pendency of the marriage, the parties cohabited in Ghana

and Canada. The marriage is blessed with four 4 issues namely, Frank Boham 40

years, John Boham 38 years, Benjamin Boham 17 and Beatrice Boham 13 years. There

have been two previous court proceedings between the parties; one in 2008 and

another in 2013 both of which were discontinued at the instance of the Respondent.

The Petitioner avers that the marriage between the parties has broken down beyond

reconciliation on account of the Respondent’s adultery as a result of which the

Petitioner finds it intolerable to remain married to the Respondents well as the

Respondent’s unreasonable behaviour as a result of which the Petitioner cannot be

expected to live with the Respondent. In respect of the claim of adultery on the part

of the Respondent, the Petitioner avers that, the Respondent in the year 2007

impregnated one Francisca Abakah, now deceased. Also, the Respondent, whiles

living in Canada, had numerous amorous relationships with other women resulting

in the Respondent having three children outside the marriage. The Petitioner further

avers that the Respondent is currently cohabiting at the parties’ matrimonial home in

Elmina with a woman named Janet Lowa whiles the marriage is subsisting.

In respect of the unreasonable behaviour of the Respondent, the Petitioner avers

that, the Respondent falsely accused the Petitioner on several occasions which

caused so much embarrassment to the Petitioner;the Respondent threatened the

Petitioner and other family members of the Petitioner such that none of the family

members of the Petitioner can freely visit the matrimonial home in Elmina; the

Respondent verbally abuses the Petitioner; The Respondent has removed the

Petitioner’s belongings locked up safely in the matrimonial home and exposed them

to the vagaries of the weather and burglars; the Respondent broke the lock leading

to the Petitioner’s room and without the Petitioner’s consent took away building

materials belonging to the Petitioner and a child of the marriage.

The Petitioner further states that the Respondent ha