[1973]DLHC2351 • February 22, 1973 • High Court
ADDO vs. ADDO
The petitioner husband sought dissolution of the marriage under the Matrimonial Causes Act, 1971 (Act 367) on the basis that the marriage had broken down beyond reconciliation, that the parties had not lived as man and wife for a continuous period exceeding two years, and that the respondent wife was unreasonably withholding her consent to the grant of a decree. The evidence showed that the parties married in 1958 and had no children together. The wife had children before the marriage, while the husband admitted fathering four children with other women during the marriage. The parties had effectively ceased marital relations by 1967 and had not lived together as husband and wife since 7 March 1969, although before then they occupied the same house in separate domestic arrangements. The husband alleged that the wife’s persistent abuse, nagging and temper made life intolerable and affected his health. The wife, however, stated that the husband denied her sexual intercourse from 1967 because he was involved with other women, excluded her from his room, and physically assaulted her on occasions. She maintained that she still loved him and did not want the marriage dissolved, but admitted that he remained adamant and reconciliation efforts by priests and relatives had failed. [Portions relied on: opening paragraphs beginning 'The petitioner prays for dissolution...' through 'Attempts at reconciliation made by two priests and the wife’s own uncle and relatives failed'; and the wife’s account beginning 'She on her part says...' through 'The husband lives with one of the women as man and wife.']
read moreThe petitioner prays for dissolution of his marriage with the respondent on the ground that their marriage has broken down beyond reconciliation; that they have not lived as man and wife for a continuous period of over two years and that the respondent is unreasonably withholding her consent to the grant of a decree. The petitioner says further that all attempts made at reconciliation have failed. The parties were married in 1958 and lived and cohabited in Accra. There is no issue of the marriage but the respondent had children of her own before she was married to the petitioner. The petitioner, during the subsistence of the marriage, had four children by other women. He confesses to his adultery but says that he was forced to behave in that manner by the respondent’s conduct and persistent nagging. On 15 March 1959, the wife petitioned for divorce on the grounds of the husband’s adultery and cruelty. She, however, discontinued the suit after the husband had filed an answer o...