Diana Mensah Vrs Emmanuel Odartey Mills [2022] GHADC 38 (18 October 2022)

IN THE FAMILY AND JUVENILE COURT ‘C’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON WEDNESDAY THE 18TH DAY OF OCTOBER 2022 BEFORE HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM VIDA DANQUAH AND MADAM PHILOMENA SACKEY AS PANEL MEMBERS SUIT NO. A6/137/23 APPLICANT DIANA MENSAH JAMES TOWN, ACCRA VS EMMANUEL ODARTEY MILLS JAMES TOWN, ACCRA RESPONDENT Parties present No legal representation for both parties CONSENT JUDGMENT The Applicant on the 22nd of September 2022 filed an Application praying for the following reliefs; 1. An order to compel the Respondent to pay monthly maintenance of Ghc400.00. 2. An order to compel the Respondent to pay the child’s school fees, feeding fees, textbooks and medicals as and when it is due. 3. Any other order(s) the Honourable Court deems fit. Diana Mensah vs Emmanuel Odartey Mills The basis of the Application as deposed by the Applicant in her Affidavit in Support is that the parties have a Two (2) year old son but the Respondent has shirked all his responsibilities towards the child. She indicated that she was compelled to lodge a complaint at the Domestic Violence and Victims Support Unit (DOVVSU) of the Ghana Police Service where he was asked to pay a lump sum but he again refused to do so but has started maintaining the child with Ghc100.00 as monthly maintenance and Ghc50.00 as school fees which amount is woefully inadequate, hence her Application before the court. DETERMINATION: The matter came up for hearing on the 4th of October 2022 and the court ordered the Respondent to file his Affidavit in Opposition by the 7th of October 2022. The court however observed that the parties were amenable to settlement and therefore referred the parties to the Court Connected Alternative Resolution Dispute Centre to attempt an amicable resolution of the dispute. Terms of Agreement Before the Court is an ADR Terms of Agreement dated 10th October 2022, where the parties agreed on the following: 1. Custody: That the Applicant shall have custody of the child. 2. Access: Diana Mensah vs Emmanuel Odartey Mills That the Respondent shall have visitation access to the child during the weekends from Saturdays at 7.30am to 5pm and also on Sundays from 1pm midday till 4pm. 3. Maintenance: That the Respondent shall pay monthly maintenance of Two Hundred Ghana Cedis (Ghc200.00) for the child in court by the 1st of each month effective October 2022. 4. Education: That the Respondent shall pay the child’s school fees, cost of textbooks and exercise books as well as school feeding fees. 5. Health: The Applicant shall renew the child’s Health Insurance under the National Health Insurance Scheme (NHIS) anytime it falls due and the Respondent shall pay all the medical bills not covered by NHIS. 6. School fees arrears: The parties were unable to agree on the payment of school fees arrears and same was referred back to court for a determination. BY COURT: The Respondent is hereby ordered to pay off his arrears of school fees on or before the 31st of December 2022. Consequently, the Terms of Agreement dated 10th October 2022, signed by the parties before the Mediator; MADAM DORIS Diana Mensah vs Emmanuel Odartey Mills KOTEY and confirmed by both parties is hereby adopted and entered as Consent Judgment. The Parties shall do well to abide by the Terms so agreed in the best interest of the child. ………………………………… H/H HALIMAH EL-ALAWA ABDUL-BAASIT. PRESIDING JUDGE I AGREE I AGREE ………………………………… ……………………….. MADAM VIDA DANQUAH PANEL MEMBER MADAM PHILOMENA SACKEY PANEL MEMBER Diana Mensah vs Emmanuel Odartey Mills 4