Owusuaa Vrs Adu [2022] GHADC 190 (15 November 2022)

IN THE FAMILY AND JUVENILE COURT ‘B’, FORMER COMMERCIAL COURT BUILDING-ACCRA, HELD ON TUESDAY THE 15TH DAY OF NOVEMBER, 2022. BEFORE HER HONOUR MRS. MATILDA RIBEIRO SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM FELICIA COFIE AND MADAM REGINA TAGOE AS PANEL MEMBERS LINDA OWUSUAA … … APPLICANT SUIT NO: A6/149/2023 OF POKUASE - ACCRA VRS: AUGUSTINE ADU … … RESPONDENT OF SARPEIMAN - ACCRA. ________________________________________________________________________ Time: 10:19 am. Parties: Present. JUDGMENT The parties herein cohabited and were blessed with four issues by name AGNES KORKOR aged 9 years, FELICIA ADU and FELICITY ADU (twins) aged 6 years and ALEXANDER ADU aged 2 years. The Applicant alleges that the Respondent has refused to marry her after 11 years in relationship. The Respondent sacked her, and the children and she single handedly rented an apartment at Pokuase where she lives with the children. That recently when the children were sick, she told Respondent and he was reluctant in his response and only said she should take the children to Police Hospital but services at the Police Hospital are not entirely free which Respondent is aware of. The Respondent has been maintaining the children with GH¢500.00 and has refused to pay the children’s school fees. That apart from the monthly maintenance of GHC500.00, he has left all other necessaries of life of the children on her. Applicant is therefore claiming the understated reliefs as endorsed on the affidavit in support of her maintenance application filed on the 29th day of September, 2022. a. An order for maintenance of GH¢400.00 per child for the four children, a total of GH¢1,600.00 every month. b. An order for Respondent to pay school fees and medicals that are not covered by insurance. c. An order for Respondent to pay accommodation arrears of GH¢7,200.00. d. Any other order(s) the Court deems fit. Respondent on the other hand filed an Affidavit in Opposition on 11th October, 2022 wherein he denied Applicant’s allegations. According to him, he gave Applicant GH¢400.00 to purchase a ring so that during the naming ceremony of the child he will use the opportunity to do the customary marriage, but Applicant failed to buy the ring and squandered the money. That he had a call and Applicant accused him that the caller was his girlfriend and she snatched the phone from him and when he tried to retrieve it, he received a slap from the Applicant. He said one day when he returned from work, he enquired from Applicant his food of which she refused to answer and when he was about to touch her to enquire again as she was by then lying and suddenly sprang up and held his genital organs and he had to push her to free himself of which she fell. He said he informed the Applicant to take the child to Police Hospital because that is one of the benefits he enjoys as a Policeman, but the Applicant has been ignoring the Police Hospital and have been taking the children to private clinics of which the charges are exorbitant. Respondent said due to loans he has contracted his take home pay is merely GH¢1,270.00 out of which he has been maintaining the Applicant and children and paying his utilities out of same, likewise school fees and books. The parties were referred to ADR on 11th October, 2022. Before the Court is an ADR Terms of Agreement dated 11th October, 2022 containing the following agreements reached between the parties as evidenced by their signatures. Custody: That Applicant shall have custody of the children. Access: That Respondent shall have access to the children when he is in Accra. Education: That Respondent shall pay the children’s school fees, cost of textbooks and exercise books and school feeding fees. That Applicant shall pay for the children’s school uniforms, materials as well as extra classes. Health: That Applicant shall renew the children’s health insurance anytime it falls die. That Respondent shall pay medical bills not covered by health insurance. Maintenance and Accommodation: The parties could not agree on maintenance and accommodation and same were referred back to Court for determination. The above Terms of Agreement executed by the parties on the 11th October, 2022 is adopted by the Court and incorporated into this judgment. On maintenance and accommodation arrears which were referred back to the Court for determination, it is provided under sections 47 and 49 of the Children’s Act 1998 (Act 560) as follows: Section 47: “A parent or any other person who is legally liable to maintain a child or contribute towards the maintenance of the child is under a duty to supply the necessaries of health, life, education and reasonable shelter for the child.” Section 49: A Family Tribunal shall consider the following when making a maintenance order— (a) the income and wealth of both parents of the child or of the person legally liable to maintain the child; (b) any impairment of the earning capacity of the person with a duty to maintain the child; (c) the financial responsibility of the person with respect to the maintenance of other children; (d) the cost of living in the area where the child is resident; (e) the rights of the child under this Act; and (f) any other matter which the Family Tribunal considers relevant.” (emphasis supplied). As can be deduced from section 47 of Act 560 the responsibility for the care and maintenance of a child(ren) is the joint responsibility of both parties being parents. Maintenance also extends to accommodation, education and health. The evidence shows that the children are the only children of the parties. Applicant is a police officer with a gross pay of GHC3,539.65 and a net pay of GHC1,318.64 after some statutory and loan deductions. Applicant is a civilian police officer and earns about GHC 923.00. Applicant paid for the accommodation she occupies with the issues all by herself. She is however being ejected from the current residence by the end of this month because of the conduct of Respondent and she wants Respondent to pay for the damages he allegedly caused to the landlord’s property. The Court having considered the evidence on the record, the earnings of both parties, the rights of the children under Act 560 and the 1992 Constitution, the responsibilities taken by Respondent under the ADR Terms of Agreement especially the responsibility for the issues’ educational needs which include school feeding fee, and the cost of living in Accra, orders Respondent to maintain the issue GH¢600.00 monthly effective October, 2022. In line with the principle of joint parental responsibility, the parties shall share the cost of accommodation currently estimated at GH¢300.00 monthly, equally for the benefit of the issues. Applicant’s claim for Respondent to refund to her the cost of damages he allegedly caused to her property including the doors and windows of her last two rented apartments is refused as this is not the appropriate forum for such a claim. Applicant may seek redress at the appropriate forum since this Court is a specialised Court with limited jurisdiction as provided under section 35 of Act 560 and section 50 of the Courts Act 1993 (Act459) as amended by Act 620. H/H MATILDA RIBEIRO (MRS.) SGD. CIRCUIT COURT JUDGE 5