[2017]DLCA5110May 17, 2017Court of Appeal

JUDITH ATAWA GATROR vs. WISDOM KPORTSU

The parties, married under customary law and later solemnized under the Marriage Ordinance on 17 June 2012, experienced marital breakdown shortly after marriage. The Petitioner, a community nurse, pursued further education against the Respondent's wishes, leading to serious misunderstandings. The Petitioner filed for divorce alleging irretrievable breakdown, which the Respondent resisted, claiming the marriage faced resolvable challenges. The trial court dismissed the petition for lack of proof that the marriage had broken down beyond reconciliation. The Petitioner appealed.

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L. L. MENSAH, J.A. The Facts of the case: The parties in this case who are husband and wife were married under customary law. The marriage was later solemnized under the Marriage Ordinance on the 17th of June 2012 at the Christian Assembly Church, Ho. While the Petitioner/Appellant wife is a community nurse with a diploma in midwifery, at Worawora, the Respondent/Respondent husband is a graduate teacher at Banda in the Krachie Ntsumburu District of the Volta Region. The Respondent/Respondent will be referred hereafter as Respondent. Before the marriage, the Petitioner/Appellant who will hereafter be referred to as the Petitioner was offered admission to read midwifery at Dorma Ahenkro hospital in the Brong Ahafo Region for two years. This decision of the Petitioner to further her education was strongly disapproved of by the Respondent who said the Petitioner left him for school two weeks after the wedding. As a result of this, a serious misunderstanding arose between the coup...