Jacqueline Serwaa Agyeman Vrs Thomas Ebo Kyereboah [2022] GHACC 13 (10 November 2022)

JACQUELINE SERWAA AGYEMAN VRS THOMAS EBO KYEREBOAH IN THE DISTRICT COURT ONE, TEMA ON THURSDAY 10TH NOVEMBER 2022 BEFORE H/W BIANCA ADWOA OSEI-SARFO (MRS.), SITTING AS MAGISTRATE. JACQUELINE SERWAA AGYEMAN PETITIONER VRS THOMAS EBO KYEREBOAH RESPONDENT A4/38/2022 PET.: Present RES.: Present Time: 8:32 A. M COUNSEL: Vivian Tetteh for Respondent JUDGMENT This is a divorce petition come to judgment. The parties in this suit were married under the Ordinance on the 25/10/2016 at the Tema Metropolitan Assembly Chamber. Their Marriage Certificate has licence number TMA/RM/1533/92. They have a child together. It is the case of the Petitioner that since the parties were married, they have had varied problems because of the change in the mindset and attitude of the Respondent. The Petitioner herself was unavailable for the trial as she lived outside the jurisdiction but gave a power of attorney to another to represent her. The Petitioner bemoaned the fact that she lived in the Responent’s family house with his parent’s and siblings and there was no privacy in their marriage. She averred that their marriage was is not working, they cannot do anything together JACQUELINE SERWAA AGYEMAN VRS THOMAS EBO KYEREBOAH as a couple, and when she complains about the situation the Respondent see’s nothing wrong with it. She said the situation was a great worry to her as even when she was sick, her own family members could not visit her, neither could she visit her mother when she was sick. She further averred to the Court that these problems started one week after their marriage, and although the Respondent takes care of her, that is not the kind of marriage she wants as there is no private life between them as husband and wife. She told the Court that she had been through a lot of emotional and physical pain which was neither beneficial to her wellbeing nor her work and thus, she seeks a divorce for her peace of mind. She prayed for a grant of her divorce petition, maintenance, and access. The Respondent denied all the Petitioner’s averments, and countered that the Petitioner asked for a divorce because she alleged that the Respondent had filed documents to relocate his sister to the USA. He said that most of the disagreements stemmed from the disrespectful behaviour of the Petitioner towards his parents while she lived with them. He averred that all attempts to get the Petitioner to change her attitude only resulted in her getting upset. He told the Court that his parents gave them their house in Akosombo to live in after the marriage, but after he had renovated same the Petitioner moved out after two months because she said she saw a mouse in the house. The Respondent averred further that when their baby was born the Petitioner returned to his parent’s house and she was free to visit her family and vice versa at any time. He told the Court that the Petitioner’s mother was offered JACQUELINE SERWAA AGYEMAN VRS THOMAS EBO KYEREBOAH accommodation in the said house to assist her daughter to take care of the new baby but she left saying she had other things to do. He said the Petitioner also abandoned the baby, travelling abroad to work and signing her consent for the Respondent to take the baby to the States. He agreed with the Petition for a divorce. The sole issue for consideration in this matter is whether or not the marriage has broken down beyond reconciliation. Section 1 (1) of the Matrimonial Causes Act, 1971, declares that the sole ground for granting a divorce petition shall be that the marriage has broken down beyond reconciliation. Section 2 (1) of Act 367, The Matrimonial Causes Act 1971 provides as follows:- (1) That for the purpose of showing that the marriage has broken down beyond reconciliation the petitioner shall satisfy the Court of one or more of the following facts: (a) that the respondent has committed adultery and that by 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; JACQUELINE SERWAA AGYEMAN VRS THOMAS EBO KYEREBOAH (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; or (f) that the parties to the marriage have, after diligent effort, been unable to reconcile their differences. (2) On a petition for divorce it shall be the duty of the court to inquire, so far as is reasonable, into the facts alleged by the petitioner and the respondent. (3) 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. Subjecting the evidence led in this matter to the test under section 2(1) of the Matrimonial Causes Act 1971, Act 367 and the foregoing facts gleaned from the petition and the trial, it has been incontrovertibly established as follows. 1. That the parties are currently estranged. 2. That the parties to the marriage have been unable to reconcile their differences. 3. That both parties consent to the grant of the divorce petition. From the foregoing, it is the considered opinion of this Court that the marriage has broken down beyond reconciliation, the divorce petition is granted and the Court orders as follows. JACQUELINE SERWAA AGYEMAN VRS THOMAS EBO KYEREBOAH 1. The marriage celebrated between the Petitioner herein, Jacqueline Serwaa Agyeman, and the Respondent herein, Thomas Ebo Kyereboah on 25/10/2016, has broken down beyond reconciliation, the Divorce Petition is granted, and the marriage is dissolved. 2. The Marriage Certificate with License number TMA/RM/1533/2016 is cancelled. Let a Divorce Certificate issue in lieu from the Court Registry. 3. Custody of the child of the parties, is granted to the Respondent with reasonable access to the Petitioner whenever the two parties converge in the same country which for the benefit of the child should be at least once a year. .0The Petitioner is to provide a minimum amount of at least a $100.00 monthly to the Respondent to assist in the upkeep of the child.’[u There shall be no further orders. ............................................................ H/W MRS. BIANCA A. OSEI-SARFO (ESQ.) DISTRICT COURT MAGISTRATE 5