Pokuaa Vrs Amoah [2023] GHACC 331 (19 May 2023)

IN THE CIRCUIT COURT HELD AT TARKWA WESTERN REGION ON FRIDAY THE 19TH DAY OF MAY, 2023 BEFORE HER HONOUR HATHIA AMA MANU, ESQ., CIRCUIT COURT JUDGE SUIT NO. C4/04/2023

PETITIONER

RESPONDENT BETWEEN: ……

SARAH POKUAA H/NO. H98 HOUSING COMMUNITY 2

ABOSO

AND

EBENEZER AMOAH HOUSE NO. UNKNOWN ……

ABOSO

JUDGMENT Petitioner – Present. Respondent – Present. The parties were joined in Holy Matrimony on 25th December, 2016 at New Tafo S. D. A. Church. The petitioner commenced this action praying for a dissolution because she saw the petitioner and their domestic staff in a compromised manner in their matrimonial room. That the petitioner claims the respondent has exhibited other acts which made it difficult for her to co-habit with the respondent. The respondent admitted having been caught in a comprised position but kept pleading that the petitioner forgives him. The Court granted more than two months adjournment with the directive that parties were to attempt settlement. Parties were unable to do same and duly filed their witness statements. Although both parties agreed that they were unable to resolve their differences and both prayed for a divorce. The suit even though matrimonial is civil in nature, thus in establishing whether the marriage has broken down the court will access the evidence presented to satisfy itself that irrespective of the parties prayer, there is no chance to save the marriage. The petitioner opted not to call any witnesses but gave evidence on her own. In her evidence, she claimed that due to the respondent’s numerous sexual escapades she had several infectious diseases which required treatment. She also stated that while on training in the United

Kingdom the respondent without her approval sold two of her cars (Toyota Vibe and Hyundai Santafi). Amidst all these irresponsible acts the petitioner asserts that without her consent the respondent took in aphrodisiac such as tiger and dragon to have sex with her and therefore making encounters with him very unpleasant and painful. The petitioner stated that even before initiating this suit on the 27th November, 2022 both families met to resolve the marriage and same was dissolved with a bottle of schnapps being presented to the respondent’s family. During the trial the respondent although still pleading informed the court that there was nothing that he could do as the petitioner has refused to forgive him. On his part the respondent does not deny the petitioner’s claims except to say that after giving birth petitioner was not giving him attention and also refused to have sex with him. Although the respondent gave this evidence under oath the petitioner also did not cross-examine him on same, thus leaving the court to find that although not excusable the petitioner is not without fault. However, the respondent should have found a better way to resolve the happenings in their marriage instead of violating the vows that ensures trust in their marriage. Adultery is one of the grounds which is considered as grounds for the dissolution of marriage. Adultery is best defined as

voluntary sexual intercourse of a married person with a person of the opposite sex other than his or her spouse. Section 3(b) of Act 367 provides that if it becomes known to the petitioner that respondent has committed adultery during their marriage but the period together exceeds 6 months then the petitioner shall not be entitled to rely on that claim of adultery for purposes of establishing that the marriage has broken down beyond reconciliation. In the instant case two months after the alleged adultery the families of both parties met and customarily dissolved their marriage. Thus, petitioner took steps and therefore her claims of adultery against the respondent is in order. Another issue determined in this suit was the custody of the parties’ twins. As the parties were staying in their own house, there is no need to move the children especially since the respondent is yet to secure his own accommodation. Again, the respondent did not also oppose custody being given to the petitioner. The court is not minded to stir up the already cooked soup of the parties, their understanding on the issue of custody and access is agreed to by the court. The petitioner as part of her reliefs prayed for monthly maintenance and also an order directed at the respondent to pay the school fees of the issue. From the totality of evidence presented to this court and I am satisfied that the

parties’ marriage is broken down beyond reconciliation. I hereby decree that the marriage celebrated between the parties on 25th December, 2016 at New Tafo S. D. A. Church is dissolved. The custody of the children (twins) is given to the petitioner with reasonable access to the respondent. The respondent is to take the issues of the marriage on the last Friday of every month and return them on Sunday. The respondent is to pay monthly maintenance of GH₵500.00 for both children. The school fees of the issue is to be divided between the parties in a ratio of 50/50. The Respondent is to register the children on the National Health Insurance Scheme. No order as to costs. (SGD.) H/H. HATHIA AMA MANU, ESQ. (CIRCUIT COURT JUDGE) 4