[1970]DLHC2120 • December 3, 1970 • High Court
HAPPEE vs. HAPPEE AND ANOTHER
The petitioner, a marine engineer domiciled in the Netherlands but resident in Ghana since 1951, filed for divorce on grounds of the respondent's cruelty. The respondent cross-petitioned for judicial separation citing cruelty and adultery by the petitioner. The petitioner was absent and unrepresented at the final hearing.
read moreThe petitioner and respondent were married on 21 July 1951, at the District Registry, Sekondi. The petitioner who is a marine engineer is a native of the Netherlands and is domiciled in that part of the world. He has, however, been resident in this country ever since 1951 except for occasional visits to Holland and other parts of Europe, presumably on holidays. The petitioner presented a petition for divorce on the grounds of the respondent’s cruelty. In answer to the petition, the respondent prays for judicial separation on the grounds of her husband’s cruelty and of his adultery with one Hannah Ankumah-Sey. It is beyond dispute that this court has no jurisdiction to entertain the husband’s petition since he is not domiciled in Ghana but in the Netherlands. It is the domicil of the husband that gives the court jurisdiction in divorce proceedings. I indicated my lack of jurisdiction, since the husband is domiciled in the Netherlands to counsel and both conceded. I invited c...