REBECCA BUABENG CHURCHER vs MICHAEL BUABENG CHURCHER
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J
Areas of Law
- Family Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Petitioner sought divorce due to the Respondent's alleged adultery and unreasonable conduct. She requested financial provisions. The Respondent denied these claims, attributing the separation to the Petitioner's refusal to move to Kumasi. After evaluating evidence, the court concluded the marriage had irretrievably broken down and awarded the Petitioner a GH¢10,000.00 financial settlement.
Per her Petition, the wife Petitioner seeks the dissolution of the marriage between herself and the Respondent on the grounds of adultery, desertion and unreasonable conduct and prays for the following reliefs:
I. The sum of GH¢10, 000. 00 as alimony or permanent financial settlement.
II. Maintenance of GH¢250. 00 pendente lite from September 2012 to date of dissolution of the marriage.
III. Legal costs of the proceedings incurred by the Petitioner in the total sum of GH¢3, 000. 00 The Respondent in his Answer says the Petitioner is not entitled to any of the reliefs endorsed in the Petition and prays for the dissolution of the marriage celebrated between the parties.
The Petitioner who testified on oath says that five months after their marriage contracted on 26th December 2009, the Respondent who worked in Kumasi periodically confessed to her that he was in a relationship with another woman who could be pregnant and therefore wanted to have their marriage dissolved.
She says anytime she complained when he received calls from the lady and spoke for long periods, he accused her of eavesdropping and on one occasion she stormed out of the house in anger after they had spoken on the phone for about an hour.
According to her, the Respondent subsequently moved out of their bedroom and later out of the matrimonial home.
Meanwhile in September 2012, she says, in her absence from the matrimonial home, the Respondent forced the door of their house open and basically swept the house clean.
She says she did not hear from him again till a year later when she called him for a discussion but even though he promised to call back later he never did.
It is her testimony that the Respondent told her that he was no longer interested in the marriage and attempts at settlement by the elders of their church have proved futile.
In cross examination she insisted that the Respondent was not interested in reconciliation even though she initiated same and that drinks and some money were returned to the Respondent.
She says at the time the Respondent moved out, they owed the land lord some money and so she had to move out of the matrimonial home and that she struggled to pay her way through the rest of her dressmaking course.
The Petitioner’s witness Benjamin Amoah, her brother, testified that after the Petitioner had told him of the Respondent’s adultery, the Respondent himself confessed to him.
According to him, after the Petitioner forgave him after their meeting with