[1962]DLHC211 • May 1, 1962 • High Court
ANTWI vs. ANTWI
The parties were married under the Marriage Ordinance on 19 December 1951 after cohabiting and having two children born before marriage, legitimated by subsequent marriage. A third child was born after marriage. The respondent, a civil servant, was transferred to various locations, while the petitioner, a nurse, remained in Kumasi with the children by mutual agreement. Separation occurred in 1958, formalized by a deed of separation. The respondent engaged in adultery with a school teacher, Miss Comfort Aidoo, fathering three children with her. The petitioner filed for divorce on grounds of adultery.
read moreJUDGMENT OF APALOO, J The parties in this case were married under the provisions of the Marriage Ordinance1(1) at the office of the Registrar of Marriages, Kumasi, on the 19th December, 1951. It seems, however, that prior to the solemnisation of the marriage they had cohabited together. This is shown by the fact that two of the children of the marriage, namely Phyllis and Albert, were born before the celebration of the marriage and were legitimated per subsequens matrimonium. Phylis was born on the 1st July, 1949, and Albert on the 14th August, 1951. After the marriage, a third child Susan Sylvia was born to the petitioner on the 19th August, 1953. There is nothing to suggest that before 1953 the marriage was other than happy. In that year, however, the respondent who is a civil servant, was transferred to Agona Swedru. The petitioner was not able to go with the respondent. She is herself a nurse employed at the Central Hospital, Kumasi. I am satisfied that it was mutually a...