This is a wife’s petition for dissolution of marriage.
The Petitioner and Respondent are both Ghanaian citizens.
The parties got married on 9th August, 2014. Under the Marriage Ordinance (CAP 127) at the Mount Zion Methodist Church, Sakumono, Accra.
After the said marriage the parties cohabited at Kokomlemle and then at Amrahia, Accra.
There is no issue of the marriage.
The Petitioner caused this Petition to issue on 22nd September, 2022, on the ground that the marriage between the parties has broken down beyond reconciliation.
She attributed the breakdown of the marriage to the unreasonable behavior of the Respondent and attempts at reconciliation by church elders, family and friends to reconcile them has proved futile.
The Respondents entered Appearance on 6th February, 2023. The Respondent filed an Answer and Cross petition on 3rd March, 2023. Petitioner filed a Reply on 6th April, 2023. The pleadings in the suit having closed, the suit was set down for trial.
The parties filed a Witness Statement, pursuant to the orders of the Court.
The evidence of the Petitioner and Respondent was taken on 2nd November, 2023. On the 18th of July, 2023, this Honourable Court made an Order for the Petitioner to retrieve her personal belongings from the matrimonial home.
This exercise was successfully conducted with the assistance of the Deputy Registrar and the lawyers on the 27th of August, 2023. In view of the Terms of Settlement filed, the only issue for determination is whether or not, the marriage between the parties has broken down beyond reconciliation.
By Section 1 (2) of the Matrimonial Causes Act of 1971 (Act 367), the sole ground upon which an order for dissolution of a marriage can be made is that the marriage has broken down beyond reconciliation.
Section 2 (1) of the said Act, however, requires that the Petitioner prove one or more of the facts set out in the said section as follows: (1) For the purpose of showing that the marriage has broken down beyond reconciliation the Petitioner shall satisfy the Court of one or more of the following facts: (a) That the Respondent has committed adultery and that by reason of the adultery the Petitioner finds it intolerable to live with the Respondent; (b) That the Respondent has behaved in a way that the Petitioner cannot reasonably be expected to live with the Respondent; (c) That the Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentati
