ANSAH vs. ANSAH [1983]DLHC2097

Date	1983-03-17
Suit No.
Citation No.	[1983]DLHC2097

OWUSU-ADDO J.

E. K. MANU FOR THE WIFE-PETITIONER.

HAYFRON-BENJAMIN FOR THE HUSBAND-RESPONDENT

[1983]DLHC2097
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													<main id="main" class="content" style="min-height: 60rem" >ANSAH <o:p></o:p>vs. <o:p></o:p>ANSAH <o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p>[1987-88] GLR 1127<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
17 MARCH, 1983<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">

E. K. MANU FOR THE WIFE-PETITIONER. <o:p></o:p>

HAYFRON-BENJAMIN FOR THE HUSBAND-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">

OWUSU-ADDO J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OWUSU-ADDO J.<o:p></o:p>The
parties were married under the Marriage Ordinance, Cap. 127 (1951 Rev.) on 28
April 1963 in Kumasi. The petitioner then a spinster was described as a
seamstress and the respondent was and still is a minister of religion. There
are two children of the marriage, Clifford, aged eighteen years and Regina aged
fifteen years. The petitioner was a mother of six children and the respondent
had a son at the time of their marriage.<o:p></o:p><o:p>&nbsp;</o:p>The
husband and the wife and children lived happily together during the first four
years in Sekondi. Subsequently, the husband and the wife lived in an atmosphere
of mistrust and suspicion which resulted in quarrels, taunting and accusations
of adultery against the petitioner by the respondent. There is evidence that
the husband subjected the wife to acts of indignities which resulted in the
wife’s refusal to have sexual intercourse with him. Eventually their
relationship degenerated to the extent that the wife found life impossible with
the husband and left the matrimonial home in September 1972. She has since not
returned to cohabit with the husband and lives with her mother in Kumasi.<o:p></o:p><o:p>&nbsp;</o:p>Her
previous petition filed on 21 June 1973 was dismissed on 24 April 1975 for want
of prosecution. Her present petition is dated 4 June 1975, alleging cruelty and
desertion, culminating in breakdown of their marriage beyond reconciliation.
She prayed that the marriage be dissolved and that she be granted custody of
the two children.<o:p></o:p>In a
47-paragraphed answer dated 23 November 1976, the husband said, inter alia,
that the wife did commit adultery with one Foah in their bedroom at Sekondi.
Afterwards, Mr. J. E. Conduah-Lutterodt, a legal practitioner, did promote a
reconciliation between them on 17 November 1972 at Kumasi and the wife returned
to the matrimonial home. He urged the court to dismiss the petition mainly on
the ground that they had reconciled their differences since 1972. By his
supplementary answer dated 14 January 1977 the husband denied the accusation of
cruelty and alleged that he was told by one Deede that the wife was a notorious
prostitute and had stolen his money to support her boyfriend. The remaining
paragraphs contained abuses and insults levelled against the wife.<o:p></o:p><o:p>&nbsp;</o:p>The
wife’s evidence disclosed that the main causes of the breakdown of their
marriage were a series of taunts, assaults, accusations of adultery and
indignities to which she was subjected by the husband.<o:p></o:p><o:p>&nbsp;</o:p>As a
result she became jittery, unhappy and distressed at the sight of the husband,
and found cohabitation with him impossible; she therefore decided to leave
their matrimonial home in Cape Coast around September 1972. She admitted that
at the beginning of their marriage the husband was kind and good to her and her
six children and a niece she brought to live with the husband. She admitted
that Mr. Lutterodt, a legal practitioner and a leader of the Methodist Church,
settled their differences in November 1972 in Kumasi but she refused to return
to the matrimonial home. She denied having had sexual intercourse with the
husband in Kumasi after the reconciliation promoted by Mr. Lutterodt.<o:p></o:p><o:p>&nbsp;</o:p>In his
evidence the husband who is at present a reverend minister of the A.M.E. Zion
Church stationed at Sekondi, denied the accusation of cruelty and assault. He
denied his marriage with the wife has broken down beyond reconciliation. He
said the wife did flirt with one Foah who was then a messenger attached to the
Essikado Health Clinic. She persisted in her association with him and used to
cook for him against his protests.<o:p></o:p>