The husband Petitioner seeks the dissolution of the marriage celebrated between himself and the Respondent and prays for the following: (a) An Order dissolving the marriage.
b) An Order for the Respondent to vacate the matrimonial home.
c) Consequential orders on the settlement of property as per Paragraph 7 of the Petition.
The said Paragraph lists the properties acquired in the course of the marriage.
The Respondent who lives outside the jurisdiction was served with the Petition on 11th February 2014 but she neither entered appearance nor filed an answer as per the search reports filed on 12th May 2014 and 27th January 2015. She was accordingly served with hearing notice after the case had been set down for trial but she failed to appear in court on the said date and the hearing commenced in her absence.
The testimony of the Petitioner is that when the Respondent failed to conceive after the marriage, they sought medical intervention including three attempts at invitro fertilization (IVF) which cost him fifty million old cedis (C50, 000, 000. 00) which is now GHC 5, 000. 00, GHC6, 000. 00 and GHC8, 000. 00 respectively.
He alleges that he set up various businesses including a printing press, a pharmacy and a health shop for her at great expense but she could not manage them and they collapsed.
It is his testimony that he subsequently bought a car for her which he maintained.
According to him, in 2011 in the United States, she admitted committing adultery without mentioning the name of the man after she had entered into a marriage of convenience which he was opposed to.
He says since she travelled to the United States on 11th June 2013 with a return date of 18th August 2013, she has refused to return despite assurances by their pastor to settle their differences.
Furthermore after she informed him in December 2013 that she was no longer interested in the marriage, drinks were sent to his family and all her belongings including the vehicle which he bought for her have since been collected by her relatives he alleges.
Has this marriage broken down beyond reconciliation? The sole ground for the dissolution of a marriage is that it has broken down beyond reconciliation.
Section 2(1) of the Matrimonial Causes Act 1971 (Act 367) gives the facts which must be shown in proof of the breakdown.
These include the fact that the respondent has committed adultery and that by reason of the adultery the petitioner finds it intolerable to live with the respon
