CRENTSIL OTHERWISE HUGHS vs. CRENTSIL [1961]DLHC879

Date	1961-12-08
Suit No.
Citation No.	[1961]DLHC879

SCOTT J

F. BRODIE-MENDS FOR J. REINDORF FOR HUSBAND-APPLICANT

DR. J. W. DE GRAFT-JOHNSON FOR WIFE-RESPONDENT.

[1961]DLHC879
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&nbsp;[HIGH COURT, CAPE
COAST]

[1961] GLR 764

DATE: 8TH DECEMBER, 1961.

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COUNSEL:&nbsp;&nbsp;

<a name="_gjdgxs"></a>F.
BRODIE-MENDS FOR J. REINDORF FOR HUSBAND-APPLICANT.

DR. J. W. DE GRAFT-JOHNSON FOR
WIFE-RESPONDENT.

</div>

SCOTT, J.

</div>

&nbsp;

This is application for variation of an order of alimony and an
order for the custody of a child named Alexander Edward made by the
Commissioner of Civil Pleas on the 21st January, 1959, on the grounds that:
“(a) the petitioner-respondent has been cohabiting with a man called Sam, and
has had a child for Sam; and (b) that the child Alexander Edward has been
repeatedly ill-treated by Sam.”

In support of his application the applicant testified that he had
been married to the respondent and that the marriage had been dissolved by
decree absolute on the 9th April, 1959. He was an assistant store
superintendent at the P.W.D. in Tamale, and in November 1957 his wife had left
Tamale after having been involved in a fight with a woman called Auntie Mary,
the co-respondent in the suit for divorce brought by the petitioner Ellen
Crentsil.

According to the applicant from that time in 1957 he had no sexual
intercourse with his wife. At the time his wife left Tamale in November 1957 he
had sent one Tipoku a maidservant with the respondent to look after his son
Alexander Edward. Tipoku had returned to Tamale in mid-1958 as her mother was
ill.

He had filed his application for modification on 24th January,
1961, had appeared before the registrar on the 18th February, 1961, and on the
15th March, 1961 he had received a letter from the respondent dated the 11th
March, 1961 in which he was informed that the respondent had given birth to a
baby girl in December, 1960. He maintained he was not the father of that child.

In cross-examination he admitted that his wife had in fact left
Tamale in March, 1958 and that Tipoku had returned to Tamale in September,
1958. He however denied that his wife ever suffered from any trouble in her
womb, that his wife had had irregular periods or had suffered any miscarriage.
He denied knowledge of anyone carrying a child for three years and stated that
he knew solely of the nine months period. He further testified that he was
dependent upon Tipoku for knowledge of the respondent’s sexual intercourse with
Sam and of his child Alexander Edward being ill-treated by Sam. He also
admitted receiving a letter from his sister a Mrs. Morris, who, he said, called
herself a prophetess but this letter he insisted was received by him only after
he had filed the present application.

The witness Tipoku called by the applicant testified that the
child Alexander Edward had been beaten on at least three occasions by Sam, and
on one of these occasions the beating had resulted in the child having a
swollen eye. She also testified that she would see the respondent go into Sam’s
room at night and later return as the child would be crying and she would be
awake. She later varied this by saying that she did not see when respondent
went out of her room but would see when she came out of Sam’s room.

The third witness Seidu Kotokoli in cross-examination stated that
the old lady, mother of the respondent, had told him that the respondent had a
female child with Sam who could look after her and that the applicant should be
told so, which he accordingly did.

The respondent in her evidence on oath denied that she had ever
had intercourse with Sam, who had left the house in August, 1958 and had never
returned. She had left Tamale on the 10th May, 1958 with a broken arm and had
to receive hospital treatment in Cape Coast. According to her Tipoku had
returned to Tamale in May 1958. She also strenuously denied that her child had
ever been ill-treated by Sam. According to the respondent, in December, 1960,
she was delivered of a baby girl at the Cape Coast hospital and was attended by
Dr. Doe. Before leaving Tamale in March, 1958, she had been experiencing
irregular periods and from that time her marriage had been troubled with her
womb. On her arrival in Cape Coast in March 1958, Mrs. Morris, a prophetess and
sister of the applicant visited her and prayed for her.