GH - Nene Ousmane Appeaning v. Alexander Appeaning

The wife Petitioner seeks the dissolution of the marriage between herself and the Respondent on the grounds of unreasonable behaviour.

The Respondent also prays that the marriage be dissolved.

The testimony of the Petitioner is that since they got married in Conakry, Guinea on 22nd December 2006, they have not had any children.

She says the marriage has been bedeviled with misunderstandings which result in their hurling insults at each other.

According to her, even though they still live under one roof, they have not lived together as husband and wife for they have not had sex for about five years.

All attempts at settlement have failed she alleges.

She says the Respondent bought a house for her at Redco Flats and also built a shop for her.

She tendered into evidence the marriage certificate which is in the French language but has been translated into English.

The Respondent confirms that they do not understand each other hence they are always quarrelling and that they have not had sexual relations for about five years because they have lost affection for each other.

He also admits that his unreasonable behavior has led to the breakdown of the marriage and confirms that attempts at settlement by both families have failed.

He confirms buying her the house, the shop and a car which she sold and added the proceeds to her capital for the shop.

Has this marriage broken down beyond reconciliation to warrant its dissolution? The sole ground of the breakdown of a marriage is that it has broken down beyond reconciliation as stipulated by section 1(2) of the Matrimonial Causes Act, 1971, (Act 367. Section 2(1) of the same enactment gives the grounds which must be proved to the satisfaction of the court that a marriage has broken down beyond reconciliation.

These include Section2(1) (b) which says that the petitioner cannot reasonably be expected to live with the respondent because of the respondent’s behavior and that the parties have not lived together as husband and wife for at least five years immediately preceding the presentation of the petition.

The Petitioner while testifying was credible and worthy of belief.

I did not have any cause to doubt her credibility.

The Respondent admits having behaved unreasonably.

What is admitted need not be proved.

I therefore find that the Respondent has behaved unreasonably by verbally assaulting the Petitioner and she cannot be expected to live with him.

The Respondent also admits not having sex with her fo