REJOICE AMEGASHIE vs YAW FRIMPONG
June 24, 2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS MERLEY WOOD J.
Areas of Law
- Family Law
- Evidence Law
June 24, 2016
HIGH COURT
GHANA
CORAM
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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
AI Generated Summary
Her Ladyship Mrs Merley Wood J., sitting in the High Court, determined a divorce and ancillary relief dispute arising from a customary marriage contracted in 1994. The Petitioner sought dissolution, custody of three youngest children, maintenance, settlement of property, financial provision, and a Toyota saloon car. She alleged abuse, adultery, contracting a venereal disease, inadequate housekeeping funds, and four years without sexual relations, and reported to DOVVSU; reconciliation efforts failed. The Respondent opposed the divorce, denied most allegations, admitted one assault, and claimed to support the children and set the Petitioner up in business. Applying the Matrimonial Causes Act, the court found the marriage had broken down beyond reconciliation. Under the Children’s Act, custody of the children (13, 10, and 9) was granted to the Petitioner with defined access for the Respondent. The Respondent must continue paying educational and medical costs and GH¢1,200 monthly maintenance. Citing Mensah v Mensah and Arthur v Arthur, the court equitably distributed marital property, awarded the matrimonial home to the Petitioner and the Haatso property to the Respondent, confirmed the receipt of part proceeds from the sale of Pobiman, settled the Toyota car on the Petitioner, and ordered GH¢20,000 financial provision, with deadlines for vacating the home and payment.