The Petitioner seeks the dissolution of the marriage between himself and the Respondent.
The Petitioner prays for the following reliefs:
1. An order for the dissolution of the marriage,
2. An order that custody of the child be granted to the respondent,
3. Any other relief.
The Respondent on the other hand prays for
1. Dissolution of the marriage
2. Custody of the child
3. Maintenance of GH¢200 for the child
4. Financial provision of GH¢40, 000
5. Settlement of a Nissan March vehicle The Petitioner who testified through his lawful attorney says that after the marriage on 6th August 2001, the parties lived briefly in Accra together as man and wife until January 2006 whereas the Petitioner lives and works in Japan, the Respondent lives in Ghana.
The Petitioner who lives and works in Japan while the Respondent lives in Ghana.
They have been unable to reconcile their differences he says.
He refers to an earlier dissolution of the marriage which has been set aside by the High Court herein differently constituted.
He says the parties have agreed to grant the Respondent the reliefs she is praying for.
According to the Respondent, there is no affection between them having not lived together for about five to six years and agrees to the dissolution of the marriage and for the Petitioner to give her an amount of GH¢40, 000 as financial provision, custody of the child of the marriage, GH¢200 for the upkeep of the child and a Nissan March vehicle.
Has this marriage broken down beyond reconciliation? By section 1(2) of the Matrimonial Causes Act 1971 (Act 367) the sole ground for the dissolution of marriage is that it has broken down beyond reconciliation.
Section 2(1) of the same enactment stipulates the grounds which must be shown in proof of the breakdown of the marriage.
These include the fact that the parties have not lived as husband and wife for a continuous period of at least five years immediately preceding the presentation of the petition Section 2(1)(e). In the instant case it is not disputed that the parties have not lived together since January 2006. I find as a fact that the parties have not lived together for at least five years immediately preceding the presentation of this petition.
Both of them agree to the dissolution of the said marriage.
I am satisfied by the evidence led that the marriage celebrated between the Petitioner and the Respondent at the Principal Registrar of Marriages Offices, Accra on 6th August 2001 and wh