Ayensu Vrs Boye [2022] GHADC 226 (11 November 2022)

IN THE DISTRICT COURT ‘A’ SITTING AT KOFORIDUA, THIS FRIDAY THE 11TH DAY OF NOVEMBER, 2022 BEFORE HER WORSHIP NANA AMA DABBAH FYNN NKANSAH (MRS) SUIT NO.: A4/21/22 --- PETITIONER RUTH AYENSU OF H/NO. AD SD 68 SRODAE - KOFORIDUA VERSUS JAMES LARTEY BOYE OF TROM - KOFORIDUA --- RESPONDENT ========================================================== JUDGMENT ========================================================== The Petitioner commenced the divorce proceedings by filing a Petition for Divorce in this Court seeking solely an Order for the Dissolution of the Ordinance Marriage celebrated between the parties on 28th December, 2013 at AME Zion Church, Koforidua. Upon being served with the Petition, the Respondent on 21st October, 2021 also filed a document titled Response to the Divorce Petition by the Respondent which he responded to the averments outlined in the Petition for Divorce. The Court further ordered for Witness Statement to be filed which same was done and trial commenced on 11th March, 2022. During the trial, Court took note of certain facts which shall be worthy in the determination of the case. (i) That the act of adultery which Petitioner indicated was been committed by the Respondent was transparently admitted by him in his Response to the Petition and added that it was due to the fact that he was unhappy whenever he got home. Throughout the pleadings and evidence led, the Petitioner asserted that the Respondent clandestinely sent money from her Mobile Money account to his account unbeknownst to her. In proving this, the Petitioner filed a compendium of accounts from the MTN auspices which 1 | P a g e she informed the Court that it included some transactions which she had ticked indicating the various times the Respondent sent money from her Mobile Money account to his. Sadly, this document was never served on Respondent which he indicated so during cross- examination and as such he was not duly cross-examined on same. In that light, the Court shall not put any weight on that piece of evidence. Now considering the issue of custody of the two (2) children of the marriage, the Court considering the ages of the children and the fact that during the trial, the Respondent could not attest to even the last time he maintained the children, this Court, pursuant to the welfare of the principle grants custody of the children to the Petitioner with reasonable access to the Respondent. The Respondent is ordered to maintain the children at GH¢800.00 monthly. The Respondent is ordered to pay for the Educational expenses of the children till further orders otherwise. The Law on the Dissolution of Monogamous Marriages in Ghana is the Matrimonial Causes Act, 1971 (Act 367). The sole basis for the dissolution of any marriage by any Court of competent jurisdiction is that the marriage has broken down beyond reasonable reconciliation. Section 2 of act 367 provides for factors to prove that the marriage has broken down beyond reconciliation with adultery being one of such factors. Upon the admission of adultery by Respondent and the Petitioner indicating that the adultery formed a basis of her inability to live together as husband and wife with the Respondent, the Court hereby dissolves the marriage contracted between the parties on 28th December, 2013 and accordingly cancels the certificate issued thereof. Marriage Certificate in the custody of Respondent be deposited in the Registry of the Court before close of day on 14th November, 2022. SGD H/W NANA AMA DABBAH FYNN NKANSAH (MRS) MAGISTRATE 2 | P a g e