JUDGEMENT
This is a proceeding under the Matrimonial Causes Act, 1971 of Act 367.
The parties have married for eighteen (18) years at Goaso, after the marriage they lived
at Ashanti Bekwai. There are two (2) children in the marriage:
Namely:
(1) Ebenezer Kwabena Konadu --- 17 years
(2) Erica Brago Konadu --- --- --- 10 years
On the 29th October, 2021 the Petitioner filed legal proceedings seeking a divorce. The
Petitioner prayers were formulated in the particulars of her petition as follows:
(1) An order for the dissolution of the Customary marriage between the parties
(2) An order for the Respondent to pay GHc20,000.00 as a push package for the 18
years of marriage
(3) Petitioner seeks for half share of the entire 4 bedrooms self-contain house situate
at Goaso Low Cost.
The Respondent filed an answer and prayed for the following relief:
Respondent prays that the customary marriage between the two be dissolved.
The court referred the matter to both parties to see their families for settlement but they
told the court that all efforts to make amends prove futile.
Dotse JSC in GLADYS MENSAH V. STEPHEN MENSAH [2012] 1 SCGLR 391 quoted
Lord Denning in his book, “LANDMARKS IN THE LAW” Butterworths, 1954, writes
at page 176 “on change in attitude of the British people to Divorce” as follows: “…..There is
no longer any binding knot for marriage. There is only a loose piece of string which the parties
can untie at will. Divorce is not a stigma. It has become respectable. One parent families
abound.”
The learned Supreme Court Judge stated that the above quotation can equally be said to
be applicable to the Ghanaian society as well.
THE PETITIONER’S CASE
The parties got married customarily about eighteen years ago with two issues in 2002
and stayed together happily as husband and wife at Ashanti Bekwai where the Respondent’s works. Petitioner contended that they started some building project
situate at Goaso Low Cost and she was fetching water for the construction of the four
(4) bedrooms self-contain. It was the case of the Petitioner that she moved from Ashanti
Bekwai and stayed at the completed four (4) bedrooms self-contain at Goaso Low Cost.
She contended that the Respondent told her that he will not marry her again and that he
has divorced her and threw her belongings from the matrimonial home and he has
stopped performing his conjugal right as a husband for the past one year and has also
stopped maintaining her. According t
