CRABBE vs. CRABBE

The petitioner herein seeks divorce on the sole ground that his marriage with the respondent has broken down irretrievably and there is no possibility of a reconciliation and that the petitioner and the respondent have been living apart from each other continuously for a period of over five years immediately preceding the presentation of the petition. Learned counsel for the respondent having taken a preliminary objection against the petition, the same was set down for legal argument. The contention of learned counsel for the respondent is that the petition is incompetent because the ground on which the petitioner is asking for divorce is unknown to the matrimonial law operating in Ghana. Counsel argued that this particular ground is recognised only by the British Divorce Reform Act, 1969 and that since this British Act cannot be said to have automatic application to Ghana the court has no power or jurisdiction to apply its provisions and to hold that the petition is competent. I...