QUARTEY vs. QUARTEY AND ANOTHER

The petitioner-husband sought dissolution of the marriage on the ground that the respondent-wife committed adultery with the co-respondent, alleging in particular that on 18 January 1966 she committed adultery with him at Asylum Down, Accra, and later confessed it. The wife denied adultery, admitted only that the co-respondent gave her a lift and that she went to a house at Asylum Down, and contended that any written confession was procured by duress after the petitioner beat her. She cross-petitioned for dissolution on the same ground, alleging the petitioner’s adultery with one Martha Abbey. Portion of judgment: “the husband presented this petition seeking for a dissolution of this union upon the single, urgent and serious ground of adultery against his wife...” and “the respondent crosspetitioned for a dissolution of her marriage with the petitioner on the very same ground charged by her husband, namely, adultery with Miss Martha Abbey...”

JUDGMENT JUDGMENT OF KINGSLEY-NYINAH J.A. The parties this cause were joined together as husband and wife in holy wedlock at the Ridge Church, Accra, on 26 December 1964. Prior to that ceremony the respondent-wife had been customarily married to the petitioner-husband in 1957. Some four years after the solemnisation of their marriage, and exactly four children later, the husband presented this petition seeking for a dissolution of this union upon the single, urgent and serious ground of adultery against his wife, the mother of his children, his petition averring inter alia as follows: “(7) That the respondent has since the celebration of the marriage committed adultery with the co-respondent, Plockey. (8) That on 18 January 1966, the respondent committed adultery with the co-respondent at Asylum Down, Accra.” After he had made clear these particulars as to the date and place of this grave matrimonial offence, the petitioner sought to set the seal of authority upon his al...