[1973]DLHC2290December 4, 1973High Court

KNUDSEN vs. KNUDSEN

The petitioner and the respondent were married under the Ordinance at the Office of the Registrar of Marriages, Accra, on 31 August 1957. They lived together in Tafo, later in Denmark, England, and for a period in Kenya, before returning to Ghana on 13 May 1973 with their three children. The petitioner initially filed a petition for divorce, but on 19 November 1973 that petition was withdrawn and struck out. The respondent then pursued the reliefs in his answer, including a cross-petition seeking dissolution of the marriage. He alleged a long history of nagging, jealousy, assaults, destruction of property, extravagance, and conduct by the petitioner which he said caused the marriage to fail. The court, however, found that despite these complaints, the parties resumed cohabitation upon their return to Ghana, had sexual relations, and the petitioner assisted the respondent to obtain permits and seek employment in Ghana. The court concluded that their conduct after returning to Ghana was inconsistent with a marriage that had already broken down beyond reconciliation. Portion of judgment: “They all flew to Ghana and lived together in Accra. They continued to live together up to about 12 October this year...” and “there is evidence that after their arrival here the respondent has had sexual intercourse with the petitioner... She also tried to help him find employment in Ghana.”

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The petitioner and the respondent were married at the office of the Registrar of Marriages, Accra, on 31 August 1957. They then lived in Tafo in the Eastern Region where the respondent practised medicine at the local hospital. In 1962, the parties moved from Ghana and lived in Denmark up to 1970 when they moved to live in England. From 1972 to March 1973, the respondent was in Nairobi, Kenya, working for the flying doctor services. The petitioner was resident in Ghana during the period that the respondent was in Kenya. In March, this year, the respondent was asked by his employers to resign his post and he flew back to his country, Denmark. It had been arranged that the petitioner who was then with him in Kenya was to fly back to Ghana. Instead of the petitioner coming back to Ghana, she borrowed money from the Ghana High Commission in Nairobi and flew to Denmark to join the respondent. The parties spent last Easter together with their three children in Denmark. On 13 May 1973, they al...