REJOICE AMEGASHIE vs YAW FRIMPONG
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 case involved a petition for divorce, custody, and financial provision by the Petitioner against the Respondent. The court found that the marriage had broken down beyond reconciliation, citing physical, verbal, and emotional abuse, as well as adultery. The court dissolved the marriage, granted custody of the three youngest children to the Petitioner, and ordered the Respondent to provide for their educational and medical needs. The Petitioner was awarded the matrimonial home, GH¢20,000 as financial provision, and a Toyota Saloon Car. The case established key family law principles on divorce grounds, children's best interest, and equitable property distribution.
Per her Petition, the Petitioner prays per the following reliefs:
a. That the marriage be dissolved.
b. That the Petitioner be granted custody of the five children of the marriage with reasonable access to the Respondent.
c. That the Respondent be ordered to maintain the children with GH¢1, 500. 00 (One thousand five hundred Ghana cedis ) a month for their feeding, educational bills
d. That the Respondent be ordered to provide a lump sum of GH¢100, 000. 00 (One hundred thousand Ghana cedis) as financial provision to the Petitioner
e. That the Respondent should settle her with a three bedroom house at Pobiman and a Toyota Saloon car with Registration number GR 6804 Y.
f. An order that the documents covering the properties should be handed over to her.
g. Any other reliefs that this court deems fit.
The Respondent filed an answer saying that the marriage has not broken down beyond reconciliation and that the Petitioner is not entitled to her petition and the reliefs contained therein.
The Petitioner filed a reply insisting that the marriage has broken down beyond reconciliation and being entitled to her reliefs.
The Petitioner who testified on oath says that after they got married customarily in 1994, the Respondent did not allow her to work till four years ago and that there are five children of the marriage.
It is her case that the Respondent assaults her physically, verbally and emotionally, that she lodged complaints at Domestic Violence and Victim Support Unit (DOVVSU) and that he has committed adultery with several women including their house maids.
She says he has had two other children besides hers during the pendency of the marriage.
According to her the Respondent’s lifestyle led to her contracting a venereal disease and that they have not had sex for four years.
She further says that there is no peace between them because of the insufficiency or inadequacy of the housekeeping money the Respondent gives her.
All attempts to reconcile their differences have all failed, she says and prays per her reliefs.
The Respondent on the other hand testified on oath that having been married for over twenty five years and loving the Petitioner and taking care of her needs he cannot fathom why she has filed the petition herein.
He says the Petitioner denies him sex because he fathered a child with another woman during the pendency of this marriage.
According to him, all attempts at reconciliation by the elders of their church failed because the