RICHARD GANYE vs. ELIZABETH SARPONG [2009]DLHC8232

Date	2009-11-13
Suit No.	SUIT. NO. E6\02\08
Citation No.	[2009]DLHC8232

HIS LORDSHIP JUSTICE JACOB B. BOON

RICHARD GANYE (PETITIONER) IN PERSON

S.M.K. OFORI FOR RESPONDENT

[2009]DLHC8232
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >RICHARD GANYE<o:p></o:p>vs.<o:p></o:p>ELIZABETH
SARPONG<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT.
NO. E6\02\08&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 13TH
NOVEMBER, 2009<o:p></o:p>

</div>COUNSEL:<o:p></o:p>RICHARD
GANYE (PETITIONER) IN PERSON<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

S.M.K.
OFORI FOR 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:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>The parties are
husband and wife. They contracted their marriage on 23rd April, 2004
under the Marriage Ordinance, Cap 127. The husband, herein called the
petitioner, has filed this petition for dissolution of the marriage alleging
that it has broken down beyond reconciliation, and all attempts made by him at
saving it could not materialize. Fortunately or unfortunately or both, there is
no issue of the marriage. <o:p></o:p><o:p>&nbsp;</o:p>According to the
petitioner, though he took very good care of his wife, to be referred to in
this judgment as the respondent, and provided her needs as expected of a
responsible husband, she had no respect, whatsoever for him; she persistently
insulted him and his family members in public, and has threatened to mar their
nuptial relationship with a view of putting him through psychological turmoil
and stress. The petitioner therefore pleaded that the behavior of the
respondent is unreasonable, and her unjustifiable conduct has so adversely
affected the marriage that they can no longer live together as husband and
wife.<o:p></o:p><o:p>&nbsp;</o:p>The respondent, in
answer to the petition did not object to the prayer for dissolution of the
marriage. She favored its termination subject to two conditions: firstly, she sought
what she described as “housekeeping or chop-money” for the fourteen months
preceding the filing of the petition, and secondly, she wants to be compensated
with an amount of GH¢ 5,000.00.<o:p></o:p><o:p>&nbsp;</o:p>Once the parties
are ad idem for the dissolution of the marriage, what is left for the court to
decide is whether the respondent is entitled to the reliefs she prayed for.<o:p></o:p><o:p>&nbsp;</o:p>I am of the
opinion, after hearing the parties, and considering the evidence on record, that
they rushed into contracting the marriage without considering the full
implications arising from the relationship. It appears they did not seek proper
counseling, and therefore had no clue of the legalities of an ordinance marriage.
They soon became fed up with each other, and realized that by entering into an
ordinance marriage, they hanged an albatross around their necks. It seems to me
they soon believed it was not a prudent decision to have tied the knot; each
regarded the other as not good enough and it dawned on them that &nbsp;&nbsp;they
are not the right partners for a lifetime union, to the exclusion of all
others, until death parts them.<o:p></o:p><o:p>&nbsp;</o:p>Let me hasten to
add that the petitioner made strenuous efforts to save the marriage, quite
early, when the respondent started a deviant behavior that was unexpected of
her as a married woman. There is evidence, believed by the court, that the
respondent frequently left the matrimonial home without the knowledge and
consent of the petitioner; she was regularly seen in Mampong and Nsuta/Beposo
areas in the company of an unknown man who drove a blue saloon car; and she did
not yield to the persuasions and pleas of the petitioner to respect and protect
the marriage by conforming with the norms of marital life. The incorrigible
attitude of the respondent frustrated the petitioner, and eventually broke his
heart, and he abandoned the efforts to save the marriage. It was at this stage,
I believe, he also regretted for entering into conjugal relationship with the
respondent. As he had no more avenues to resort to, he invoked the jurisdiction
of this court praying to be released from the bondage. <o:p></o:p><o:p>&nbsp;</o:p></s</main>