Debrah Vrs Otu [2022] GHADC 221 (4 November 2022)

IN THE DISTRICT COURT ‘A’ SITTING AT KOFORIDUA, THIS FRIDAY THE 4TH DAY OF NOVEMBER, 2022 BEFORE HER WORSHIP NANA AMA DABBAH FYNN NKANSAH (MRS) PATRICIA DEBRAH OF KOFORIDUA VERSUS DAVID OTU OF AYINAM SUIT NO.: A4/41/22 --- PETITIONER --- RESPONDENT =========================================================== JUDGMENT =========================================================== The Petitioner filed the Petition for Divorce on 10th January, 2022 and the Respondent having been served filed a Statement of Defence on 17th January, 2022 despite the fact that the Respondent did not file the permitted process under the rules, the Court, considering that he was not legally represented and not warranting any injustice as the substance of the document was represented the intention of the Respondent. The Court adopted same, set the case down for trial and further ordered parties to file their respective Witness Statements which they did same and trial commence on 11th March, 2022. The relief sought by the Petitioner solely is for the dissolution of the marriage celebrated between the parties on the 29th March, 2019. Perusing the Petition filed by the parties, her main grounds for seeking this relief is on the basis that the Respondent has refused to work and cater for the family as she has had to be paying the utility bills as well as rent for the time being. Throughout the trial, the Respondent denied this assertion and testified that he tried as much as he could find some work to do but it was an issue of consistency and stability. 1 | P a g e Mention must be made of the fact that contrary to the lens which the Petitioner wanted the Court to view the Respondent in as being a lazy man, through the trial, what I gleamed form from the facts was that he was acing challenges getting a stable job, and not withstanding the challenges, there were some payments he made a part thereof. For instance, regarding the rent which Petitioner initially indicated that she single handedly paid, during the trial; in cross-examination of Petitioner on 11th March, 2022, this is what ensued: Q. When we were moving from Atekyem to Korle, at that time I was in Kasoa. I sent you GH¢404.00 is that true? A. That is true. Out of that GH¢350.00 money given to the landlord. This clearly showed that for instance, in respect of the rent, the Respondent paid a greater portion of it. Again, the Petitioner made claims of some other payments she made which Respondent refused to reimburse her. I do not think that one can rule out the doctrine of oneness when it comes to marriage and it is the mind of the Court that though our societal principles have conferred certain streamlined duties on the husband and the wife there are instances where there can be shortfalls and the other partner must rise to the occasion. Albeit, same cannot be said when the other party does not make any effort at all. The law on the dissolution of marriage, in Ghana is the Matrimonial Causes Act, 1971 (act 367). Section 1 of the Act provides that the sole ground upon which marriage can be dissolved by any Court is when the said marriage having broken down beyond reconciliation what amounts to that marriage having broken down beyond reconciliation has also been detailed under Section 2 of Act 367. Considering the peculiar facts of this case and upon the grounds that there have been several failed attempts at resolution, the Court is of the opinion that as there have been diligent efforts to reconcile the parties which have failed then pursuant to Section 2(1) (f) of Act 367 the court hereby declares that the marriage has broken down beyond reconciliation and consequently dissolves same. In effect, the certificate with number DC 55/2019 issued thereof is accordingly cancelled. 2 | P a g e There will be no Order as Cost. SGD H/W NANA AMA DABBAH FYNN NKANSAH (MRS) (MAGISTRATE) 3 | P a g e