JOHN vs. JOHN AND ANOTHER [1973]DLHC2393

Date	1973-07-28
Suit No.
Citation No.	[1973]DLHC2393

ABOAGYE J.

K. K. DEI-ANANG FOR THE PETITIONER.

NO APPEARANCE BY OR FOR THE RESPONDENT AND CO-RESPONDENT.

[1973]DLHC2393
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													<main id="main" class="content" style="min-height: 60rem" >JOHN <o:p></o:p>vs. <o:p></o:p>JOHN AND ANOTHER <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 434<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
28 JULY 1972.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

K. K. DEI-ANANG FOR THE PETITIONER.<o:p></o:p>

NO APPEARANCE BY OR FOR THE RESPONDENT AND CO-RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABOAGYE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABOAGYE J.<o:p></o:p>The
petitioner herein seeks dissolution of his marriage to the respondent on the
ground that the said marriage has broken down beyond reconciliation owing to
cruel conduct and adultery on the part of the respondent. The petitioner also
claims damages against the co-respondent herein for committing adultery with
his wife thereby causing the breakdown of his marriage.<o:p></o:p><o:p>&nbsp;</o:p>Copies of
the petition were served on the respondent and the co-respondent but they did
not even enter appearance. In his petition the petitioner stated that the
co-respondent had committed adultery with the respondent quite frequently and
that since 30 September 1971, the two have been living together in the
co-respondent’s flat at Kwabenya. It was further stated in the petition that
the respondent had refused to move with the petitioner from Kwabenya where they
previously had their matrimonial home to Tesano where the petitioner had been
given new accommodation.<o:p></o:p><o:p>&nbsp;</o:p>The
petitioner gave evidence which clearly showed that on a number of occasions the
co-respondent had gone out with the respondent and the latter had returned home
very late in the night or in the early hours of the following day. He had seen
the respondent and the co-respondent together at night in compromising
situations and had remonstrated with the respondent against her association
with the co-respondent but his remonstrations had always been met with abuses
and insults from the respondent. On 6 July 1971, at about 4 o’clock in the
morning, the petitioner could not find the respondent in her bed and when he
went out he saw through a window of the co-respondent’s bedroom that the
co-respondent was lying on his bed and the respondent was sitting on the bed
dressing. The only inference to be drawn from that situation is that the
co-respondent had committed adultery with the respondent.<o:p></o:p><o:p>&nbsp;</o:p>The
petitioner’s only witness, Dr. Margaret Earle of the University of Ghana,
Legon, gave evidence that some time towards the end of 1970 the respondent told
her that she had been having an affair with the co-respondent. She also told
the court that some time in or about August 1971, she went to the petitioner
and respondent in their flat after she had noticed that the relationship
between them had got strained and she was then told by the respondent and
petitioner that there was no hope of their getting reconciled.<o:p></o:p><o:p>&nbsp;</o:p>The
evidence of the petitioner and his witness was unchallenged and I am satisfied
therefrom that the marriage between the petitioner and the respondent has
broken down beyond reconciliation as a result of an adulterous association
between the respondent and the co-respondent beginning from the summer of 1970
and which still continues. I also find that the behaviour of the respondent in refusing
the demands of the petitioner that she should discontinue her association with
the co-respondent and her insulting and abusing the petitioner and refusing to
go with him to his new matrimonial home were the main factors which led to the
breakdown of the marriage.<o:p></o:p><o:p>&nbsp;</o:p>As
regards the damages against the co-respondent the Matrimonial Causes Act. 1971
(Act 367), is silent on a husband petitioner’s right to claim damages against
an adulterer. Before the enactment of the Matrimonial Causes Act, 1971, the princi</main>