Obeng-sakyi (nee Hodasi) V Randall Obeng-sakyi [2022] GHACC 3 (11 November 2022)

IN THE CIRCUIT COURT HELD AT KWABENYA ON FRIDAY THE 11TH DAY OF NOVEMBER, 2022 BEFORE HER HONOUR MAWUSI BEDJRAH, ESQ., CIRCUIT JUDGE DELA OBENG-SAKYI (NEE HODASI) PETITIONER SUIT NO. A4/05/2023 H/No. GE-163-5581 HAATSO, ACCRA VRS RANDALL OBENG-SAKYI H/No. 64, MANGO TREE ST. ASYLUM, ACCRA PETITIONER RESPONDENT COUNSEL FOR PETITIONER, SHEILA DARKWA JUDGMENT RESPONDENT PRESENT PRESENT PRESENT 1.0 In a petition filed on 26-09-2022, the Petitioner prays for a dissolution of the marriage contracted between her and the Respondent. She states her reason for seeking a dissolution of the marriage as desertion and that several attempts have been made at settlement by the two families and friends but to no avail. Petitioner further states that she and the Respondent had met and agreed on a financial settlement for herself, maintenance for the minor child of the marriage and custody of the minor child and that a copy of the Settlement Agreement shall be filed in court. 2.0 The Petitioner, per her petition, seeks the following reliefs: i. ii. That her marriage to the Respondent be dissolved forthwith Settlement Agreement executed by the parties be adopted as Consent Judgment iii. That each party pays its own cost incidental to the instant suit 3.0 Respondent, upon entry of appearance and per his answer filed on 28-09- 2022, basically admits the claims of the Petitioner. Respondent further states that he has no objection to the dissolution of the marriage and the reliefs sort by the Petitioner and that his marriage to the Petitioner be dissolved forthwith. 4.0 Terms of Settlement were filed on 27-10-2022 to this effect, in which the parties, amongst others, agreed to a dissolution of the marriage. THE EVIDENCE 5.0 Petitioner told the Court that she had been married to Respondent for eighteen (18) years and that she wants the marriage dissolved because they have not lived together as husband and wife for over two (2) years and they have not been able to resolve their differences. She further testified that she and Respondent had agreed on Terms of Settlement in respect of the dissolution of the marriage and prayed the court to adopt same as Consent Judgment. Petitioner tendered the marriage certificate, which was marked as Exhibit ‘B’. 6.0 Respondent on the other hand did not challenge the testimony of the Petitioner and agreed that the Terms of Settlement filed should be adopted by the Court. EVALUATION OF EVIDENCE AND APPLICATION OF THE LAW 7.0 Under the Matrimonial Causes Act, 1971 (Act 367), specifically section 1, the sole ground for the grant of divorce is whether the marriage has broken down beyond reconciliation. Sections 2 (a) to (f) further provide any of the factors that must be established to prove the breakdown of the marriage beyond reconciliation. 8.0 Per section 2 (1) (d) of Act 367, where the parties to the marriage have not lived as husband 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, it becomes a ground for the Court to grant a divorce. Further, under section 2 (1) (f) of Act 367, if the parties to the marriage after diligent efforts have been unable to reconcile their differences, it is also a ground for the Court to grant divorce. 9.0 From the evidence of Petitioner which was not challenged by Respondent, the parties have not lived together as husband and wife for over two years. Further, the interventions of family have failed to reconcile their differences. Applying sections 2 (1) (d) and 2 (1) (f) of Act 367 to the evidence given in this matter, I find and hold that the marriage has broken down beyond reconciliation. 10.0 Accordingly, it is hereby decreed that the marriage celebrated between Petitioner and Respondent on 6th March 2004 and evidenced by Marriage Certificate RCA/03/04 and Licence Number AMA 0922/2004, be and is hereby dissolved forthwith on the ground that same has broken down beyond reconciliation. The Marriage Certificate is cancelled. Per the second relief of Petitioner and as endorsed by paragraph 10 of the Settlement Agreement signed by the parties on 26th September, 2022 and filed on 27-10- 2022, the Settlement Agreement is hereby adopted as Consent Judgment. Each party is to bear his or her own cost incidental to the suit. Her Honour Mawusi Bedjrah, Esq. 4