Narteh Vrs Gawubea [2022] GHADC 149 (22 December 2022)

IN THE DISTRICT COURT HELD AT SOMANYA ON THURSDAY THE 22ND DAY OF DECEMBER, 2022 BEFORE HIS WORSHIP MICHAEL DEREK OCLOO SUIT NO. A4/12/2023 GABRIEL NARTEH PETITIONER MARY GAWUBEA - RESPONDENT VRS PARTIES - PRESENT The Petitioner instituted the action for the following reliefs:- JUDGEMENT 1. Dissolution of the ordinance marriage contracted between himself and the Respondent. 2. Cancellation of the marriage certificate No. HSDMC/192/18. 3. Petitioner to be given reasonable access of the child, Eleena Narteh. The Petitioner is a Procurement Officer and the Respondent is a business woman. The case of the Petitioner is that he married the Respondent under the Akan customary rites and they converted same to ordinance marriage on 23/12/2017 at Akim Otwereso AME Zion church. He tendered the marriage certificate which was admitted in evidence and marked as Exhibit A. They lived together at Asutsuare Estate until 9/5/2021 when they had a misunderstanding and the Respondent vacated the matrimonial home. She reported the matter at DOVVSU Akuse where the matter was settled but the Respondent failed to come back to the matrimonial home and has since not cooked for or washed the clothes of the Petitioner. She has also denied him sex for this period. He added that he came across chats or messages on the Respondent’s phone which suggest the Respondent was in amorous relation with one Samuel Mawutor. He attached screen-shorts of the said chat. He concluded that several attempts have been made by the elders of both families and pastors to settle the matter but they have all not been successful and the Respondent has refused to return to the matrimonial home. In the evidence of the Respondent she stated that she reported the misunderstanding to DOVVSU, Akuse where the matter was resolved but anytime she visited the Petitioner with the child (daughter) at Asutsuare the Petitioner exhibits a cold attitude towards them. He does not receive and treat them well. She added that she did not see any positive change in the behavior of the Petitioner towards her and their daughter as such she did not feel safe in the matrimonial home so she left same and relocated to Dawhenya where she has been staying for the past two years. She further stated that there has been two settlement meetings involving the elders of both families but they were all not successful. She concluded that he Petitioner brought drinks to her family to signify the dissolution of the customary marriage. The legal issue for determination by the court is whether or not the marriage between the parties has broken down beyond reconciliation. Section 2 of the Matrimonial Causes Act 1971 (Act 367) provides that for the purpose of showing that a marriage has broken down beyond reconciliation the petitioner shall satisfy the court of one or more of the following facts: 2(1)(b) That the respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the respondent. (c) that the respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the petition. (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. (f) that the parties to the marriage have, after diligent effort been unable to reconcile their differences. Considering the fact that the instant marriage was contracted in December 2017 it is appropriate to describe it as a young marriage which could have been nurtured to grow by the Petitioner and the Respondent who are also arguable and comparably younger in age. The exhibition of their individual misguided conduct led to the unfortunate situation which has been brought to court. The Petitioner claims that the Respondent has a boyfriend with whom she has been chatting on phone and provided the photograph of the said boyfriend Samuel Mawutor and screenshots of the conversations between the Respondent and Samuel Mawutor. Portions of the conversation are reproduced below and for this purpose SM is for Samuel Mawutor and R is for the Respondent: SM: How are you doing my dear. R: Am fine SM: Tomorrow if God permits I will come to Accra. R: Woow wat time SM: 7 to 8 R: Where do you want us to meet SM: Will u come to Osu R: No SM: Oh why R: Do you want me to come there SM: Yes dear R: Okay but I will not spend much time SM: Ur such a beautiful lady R: Thank u. you are also handsome and cute SM: Thanks dear. U make me had some feelings I have never had before R: Seriously SM: Yes dear I love you dear R: I love you too. SM: I want to see your face once again R: My king I miss you SM: My queen miss you more and more. You are a married woman R: Hahaha SM: Hmmmm R: Never mind everything will be fine. Everything happens for a reason. SM: Yeah R : But it shall be well SM: pls and pls take cool with ur husband everything will be fine R : Hmmmm Furthermore the Respondent stated in paragraph 7 of her response (Answer) to the Petition for divorce that the Petitioner was living an adulterous life which brought so much pain to her so she deliberately had chats with the said Samuel Mawutor for the Petitioner to have a feel of how she felt about the Petitioner’s womanizing conduct. With reference to the chats and the subsequent explanation it will be appropriate to state that the Petitioner cannot be reasonably expected to live with the Respondent. It is also clear from the evidence adduced during hearing that all attempts made by the elders of both families and pastors as well as friends to resolve the matter have failed. This means that the Petitioner and the Respondent have been unable to reconcile their differences after diligent effort. Also the parties are staying at different locations. The petitioner is living in the matrimonial home at Asutsuare Estate whiles the Respondent stays at Dawhenya for the past 3 years. By extension the Petitioner and the Respondent have not lived as husband and wife for a continuous period of at least two years immediately preceding the presentation of the petition. There has been denial of sex by both sides and the Respondent has not cooked for the Petitioner and has neither washed the Petitioner’s cloths. In addition the Respondent has given her consent to the dissolution of the marriage per paragraph 9 of her response (Answer) to the petition for divorce. It is my finding after considering all the evidence adduced during hearing that the marriage between the parties has broken down beyond reconciliation. In the circumstance I hereby declare the ordinance marriage between Gabriel Narteh herein referred to as the Petitioner and Mary Gawubea duly dissolved and order as follows: 1. That the Petitioner shall pay a compensation of GH₵5,000.00 to the Respondent. 2. That custody of the 4 year old Eleana Narteh is granted to the Respondent with reasonable access to the Petitioner. 3. That the Petitioner shall rent a suitable accommodation for the Respondent and Eleana Narteh to enable the Respondent to take good care of the child. 4. That the Petitioner shall pay GH₵200.00 per month in respect of maintenance of the child Eleana Narteh. 5. That the Petitioner shall enroll the child Eleana Narteh in school and pay the fees as and when they are due. There is no order as to the distribution of property as no property was jointly acquired during the pendency of the marriage. (SGD) ……..………………………….. MICHAEL DEREK OCLOO DISTRICT MAGISTRATE 22ND DECEMBER, 2022