Richard Delali Yao Kuma Vrs Gifty Coffie [2022] GHACC 268 (31 March 2022)

IN THE CIRCUIT COURT ‘3’ OF GHANA HELD IN ACCRA ON FRIDAY THE 31ST DAY OF MARCH, 2023 A. D. BEFORE HER HONOUR SUSANA EDUFUL (MRS.) CIRCUIT COURT JUDGE RICHARD DELALI YAO KUMA PETITIONER SUIT NO. C5/138/2022 VS. GIFTY COFFIE RESPONDENT PETITIONER AND REPRESENTED; RESPONDENT UNREPRESENTED JUDGMENT The Parties to this suit got married under the Marriages Ordinance (CAP 127) on November 6, 2015 at the Adentan Municipal Assembly. The parties co-habited at Agbogba after their marriage until February 2017 when the Petitioner left the matrimonial home. The parties have one child out of this marriage; Micheal Aseye Kumah. The Petitioner is seeking the dissolution of the ordinance marriage celebrated between the parties on grounds that the parties have for the past two years not lived as husband and wife and prayed for the following relief(s); 1. An order dissolving the Ordinance Marriage celebrated on November 6, 2015 2. Custody to the child of the marriage be granted to the Respondent with reasonable access to the Petitioner in the following manner a. Pickup of the child on weekends and when after close of school and also when the parties shall agree on. b. That the Petitioner shall have access to their child during school vacations and holidays as the parties shall agree. The Respondent on the other-hand did not contest the dissolution of the marriage aside the reasons given below for the grant; 1. 2. 3. That the marriage celebrated between the parties be dissolved. Custody be granted to her with reasonable access to the Petitioner Petitioner be compelled to pay GH₵500.00 per month as maintenance to maintain the child. 4. To pay school fees and medical bill when due. Section 1(2) of the Matrimonial Cause Act, 1971 (Act 367) states that the sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation. In addition, the court before which such a petition is presented is required by law to determine as a fact that the marriage, has indeed broken down beyond reconciliation. In Support of this, Section 2(3) of Act 367 provides as follows: Notwithstanding that the court finds the existence of one or more of the facts specified in subsection (1) the court shall not grant a petition for divorce unless it is satisfied, on all the evidence that the marriage has broken down beyond reconciliation. Section 2(1) of Act 367 stipulates the facts which a Petitioner or a cross-petitioner may rely on to prove that the marriage which is sought to be dissolved has broken down beyond reconciliation as follows, a) That the Respondent has committed adultery and by the reason of such adultery the Petitioner finds it intolerable to live with the Respondent; or b) That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent; or c) That the Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; or d) That the parties to the marriage have not lived as man and wife for a continuous period of at least two years immediately preceding the presentation of the Petition and the Respondent consents to the grant of a decree of divorce: provided such consent shall not be unreasonably withheld, and where the Court is satisfied that it has been so withheld, the Court may grant a Petition for divorce under this paragraph notwithstanding the refusal; or e) That the Parties to the marriage have not lived as man and wife for a continuous period of at least five years immediately preceding the presentation of the petition; f) That the parties have after diligent effort been unable to reconcile their differences. The parties subsequently filed terms of settlement with respect to the ancillary reliefs on December 14, 2022 and prayed that the court adopts it as Consent Judgment. The sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation. Under section 2(1)(d) of the Matrimonial Causes Act, 1971 (Act 367) “That the parties to the marriage have not lived as man and wife for a continuous period of at least two years immediately preceding the presentation of the Petition and the Respondent consents to the grant of a decree of divorce: provided such consent shall not be unreasonably withheld, and where the Court is satisfied that it has been so withheld, the Court may grant a Petition for divorce under this paragraph notwithstanding the refusal;” ISSUE The main issue for determination is; Whether or not the marriage celebrated between the Petitioner, Richard Delali Yao Kuma and the Respondent Gifty Coffie February on 12, 2016, at the Adentan Municipal Assembly, Accra has broken down beyond reconciliation? The Petitioner told the court in evidence that the parties have had a lot of misunderstanding and at a point Petitioner felt the Respondent does not respect him. Consequently, there has been lack of communication between the parties since 2017. The parties have not had sex as marriage couple for the same period. The Petitioner accordingly prayed that the court dissolves the marriage and adopt the terms of settlement filed. The Respondent in evidence told the court that she is not opposed to the dissolution of the marriage. Her ground is that the Petitioner has deserted her and made life unbearable for her. Respondent also prayed that the court adopts the terms of settlement filed. From the evidence of the parties, The Court can draw a conclusion that the marriage between the parties have broken down beyond reconciliation on ground that the parties have for the past two years not lived as husband and wife and the Respondent does not withhold her consent per section 2(1)(d) of the Matrimonial Causes Act, 1971 (Act 367), I find that it is the parties inability to reconcile their difference as provided in their evidence to the court as the ground necessitating the situation in which the parties find themselves; and not unreasonable behaviour on the part of either party. This court, can only conclude that indeed this marriage relationship has broken down beyond reconciliation. DECISION 1. The marriage celebrated between the Petitioner, Richard Delali Yao Kumah and the Respondent Gifty Coffie on February 12, 2016, at Adentan Municipal Assembly, Accra has broken down beyond reconciliation and same is dissolved. A decree of divorce is accordingly granted. The marriage certificate with registration no. AC/MA/CET/059/02/16 is hereby cancelled. On the ancillary reliefs, the parties filed terms of settlement on December14, 2022, as stated below and it is hereby adopted as Consent Judgment. I. Custody of the child of the marriage shall be granted to the Respondent with reasonable access to the Petitioner on the following terms; a. Pickups of the child on weekends and after school by the Petitioner and when the parties shall agree. b. The Petitioner shall have access to the child during school vacations and holidays as the parties shall agree. 2. The Petitioner shall pay the mount of GH₵500.00 every month as maintenance of the child with the Respondent supplementing with other expenses. 3. The Petitioner shall pay school fees and medical bills of Michael Aseye Yao as and when they fall due and required to be paid. 4. There shall be no cost ordered. LEGAL REPRESENTATION ANDREWS N. O. TETTEH FOR THE PETITIONER H/H SUSANA EDUFUL (MRS) (CIRCUIT COURT JUDGE) 6