EBENEZER KOFI ADOM vs. COMFORT AKOSUA FRIMPOMAA BOATENG [2016]DLHC11573

Date	2016-01-19
Suit No.	BDMC/180/2015
Citation No.	[2016]DLHC11573

HER LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)

YVONNE OSEI-GYAU NAGGAI FOR PETITIONER PRESENT

ROSEMOND EVANS FOR RESPONDENT PRESENT

[2016]DLHC11573
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													<main id="main" class="content" style="min-height: 60rem" >EBENEZER KOFI ADOM<o:p></o:p>(PETITIONER)<o:p></o:p>vs.<o:p></o:p>COMFORT AKOSUA FRIMPOMAA BOATENG<o:p></o:p>(RESPONDENT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;tab-stops:94.7pt;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">BDMC/180/2015&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;DATA: 19TH JANUARY 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>YVONNE
OSEI-GYAU NAGGAI FOR PETITIONER PRESENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

ROSEMOND
EVANS FOR RESPONDENT&nbsp;&nbsp; PRESENT<o:p></o:p>

</div>CORAM:<o:p></o:p>HER
LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;tab-stops:132.95pt;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;In
this divorce suit, the Petitioner, Ebenezer Kofi Adom has petitioned this Court
praying for the dissolution of the marriage between himself and the Respondent
Comfort Akosua Frimpomaa Boateng, on the grounds that the marriage between the
Parties has broken down beyond reconciliation.&nbsp;
From the averments in the petition, it would appear that the Petitioner
relies mainly&nbsp;&nbsp; on the alleged desertion
and adultery of the Respondent as proof of the said breakdown.<o:p></o:p>The
petition discloses that the Parties, both Ghanaians were married under the
ordinance on the 20th of May 2006 at the Nsawam Road Church of Christ, Accra.
After the said marriage they lived together at Alajo in Accra and have one
issue, Shadrach Kwabena Amankwaa Adom who was aged 7 years at the time the
petition was filed. The Petitioner is a freelance photographer by profession
and the Respondent a trader.<o:p></o:p>According
to Petitioner, Respondent&nbsp; left the
matrimonial home some five years ago as a result of disagreements over various
issues, chief among these being, the refusal of Respondent to heed Petitioners
warnings against persistently serving Petitioner with food prepared by other
tenants of the compound house in which the Parties lived. After Respondents
unceremonious departure, Petitioner had made countless attempts by himself and
through other well-meaning persons to convince Respondent to return to the
matrimonial home but Respondent had remained adamant in her decision not
to.&nbsp; In line with this decision
Respondent, had three months prior to her departure to her parents’ home at
Asiakwa and even thereafter refused to have sex with Respondent. Petitioner
further levels the charge of adultery against the Respondent and avers that the
Respondent is currently involved in an illicit relationship with one Dada Boat
with whom she presently lives.&nbsp; With
respect to the child of the marriage, he charges Respondent with being an
irresponsible parent who has abandoned the issue of the marriage to the
benevolence of one Ososfo Stephen and avers that the child will be better off
with him. Petitioner therefore prays for:<o:p></o:p>a)
That the said marriage be dissolved <o:p></o:p>b)
That Petitioner be granted custody of the child of the marriage, Shadrach
Kwabena Adom .<o:p></o:p>The
Respondent in her answer filed on the 29th of April 2015 denies all the
averments in the petition to the extent that she engaged in the acts complained
of by petitioner without just cause and cross-petitions for the following
reliefs:<o:p></o:p>a)
That the marriage be dissolved.<o:p></o:p>b)
That the petitioner be made to pay GH¢300 as monthly maintenance fee for the
child<o:p></o:p>c)
That the Petitioner be made to pay the child’s school fees and medical bills<o:p></o:p>d)
That the Petitioner be made to compensate the respondent with a sum of GH¢8000<o:p></o:p>e)
That the Petitioner be made to contribute GH¢200 for the monthly payment of
house rent.<o:p></o:p>&nbsp;Specifically, Respondent testified that she
was indeed warned by Petitioner not to take food from co-tenants but insists
that because this was a practice that existed between Petitioner and the said
tenants long before she joined Petitioner in the said house, she had no choice
but to continue in the said practice which involved the exchange and sharing of
food between the tenants in the house with Petitioner’s knowledge and sometimes
with his active participation. According to her, it was the abruptness with
which Petitioner demanded that she ceases the practice that made it difficult
for her to comply.<o:p></o:p>Again,
in response to Petitioners allegation that she left the matrimonial home
unceremoniously and has since refused to return, Respondent explained that she
left because of the cruel and inhuman treatment she continuously suffered at
the hands of the Petitioner. This included but was not limited to severe
beatings and the Petitioner throwing out her belongings anytime they had a
disagreement. It was after one such occasion that she travelled to her mother
at Asiakwa to treat the blood shot eyes she sustained as a result of
Petitioner’s beatings that she decided never to return to the matrimonial home
or the marriage, for fear of losing her</main>