[2019]DLCA7763January 30, 2019Court of Appeal

PETER ADJEI (PETITIONER/APPELLANT) vs. MARGARET ADJEI (RESPONDENT/RSPONDENT)

The parties married under customary law in 2002 and had two children. The Petitioner filed for divorce citing irreconcilable differences, attributing the breakdown to the Respondent and her child from a previous marriage. The Respondent did not oppose the divorce but cross-petitioned for property settlement, alimony, and maintenance. The High Court dissolved the marriage, granted the Respondent's reliefs including a lump sum of GH¢500,000 and monthly maintenance of GH¢1,500. The Petitioner appealed the decision, challenging property settlement, alimony amount, maintenance, custody, and evidential procedures.

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ADJEI, J.A: The Petitioner filed divorce proceedings against his wife, the Respondent, seeking an order for the dissolution of the customary marriage celebrated by him and the respondent in or about the year 2002, and an order for custody of their two children from the marriage. The Respondent, in her answer to the petition for the dissolution of the customary marriage, was not substantially opposed to the petition. The petitioner, however, cross-petitioned for property settlement regarding their matrimonial home at Cantonments, Accra, a lump sum of GH¢400,000.00 by way of alimony, and a maintenance order for herself and their two children. The High Court in its judgment delivered on 29th April, 2015, dissolved the customary marriage celebrated between the parties in the year 2002 and granted all the reliefs sought by the Respondent in her cross petition and even enhanced the alimony sought by the Respondent from GH¢400,000.00 to Gh¢500,000.00. With respect to maintenan...