BERYL ROSALYN ADDAE PETITIONER vs. ANTHONY DICKSON ADDAE RESPONDENT [2017]DLHC3800

Date	2017-03-30
Suit No.	SUIT NO. DM/10/2015
Citation No.	[2017]DLHC3800

JUSTICE JENNIFER AKUA TAGOE J.

[2017]DLHC3800
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													<main id="main" class="content" style="min-height: 60rem" >BERYL ROSALYN ADDAE
PETITIONER<o:p></o:p>vs.<o:p></o:p>ANTHONY DICKSON ADDAE RESPONDENT<o:p></o:p>[HIGH COURT (DIVORCE &amp;
MATRIMONIAL DIVISION), ACCRA]<o:p></o:p><o:p>&nbsp;</o:p>SUIT NO. DM/10/2015&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 30TH MARCH, 2017<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>&nbsp;JUSTICE
JENNIFER AKUA TAGOE J.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>JUDGMENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>On 2nd November 2015, the Petitioner filed this
petition for dissolution of themarriage between her and her husband. By the
certificate of marriage, exhibit ‘A’,they were married under the Marriage
Ordinance Cap 127, at the Holy Spirit Cathedral in Accra on 21st February,
2009. She lives and works in Kumasi andtravelled to Accra and to the
matrimonial home every weekend. She prayed:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l0 level1 lfo1;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">a).&nbsp;&nbsp;&nbsp;
That the marriage between the
Petitioner and the Respondent contracted on21st February, 2009 at
the Holy Spirit Cathedral, be dissolved, since the marriage has broken down
beyond reparable reconciliation.<o:p></o:p><p class="MsoListParagraphCxSpLast" style="text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l0 level1 lfo1;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">b).&nbsp;&nbsp;
Payment of maintenance and
substantial alimony, and cost of the action to the Petitioner.<o:p></o:p><o:p>&nbsp;</o:p>Under section 1(2) of the Matrimonial Causes Act, 1971, Act 367,
the sole ground for granting a petition for divorce shall be that the marriage
is broken down beyond reconciliation; but there are facts which Petitioner has
to prove that in the first place led to the breakdown. The Petitioner alleged
unreasonable behaviour, cruelty and adultery as factors that led to what to her
is the irredeemable marriage. They do not have children, mostly because the
husband has been diagnosed by medical doctors as having a low sperm count. She
claimed he flaunts medical advice not to take alcohol and gets upset when she
admonishes him against it, such that he once told her there was no way she
would bear children by him and if she was desperate to have children, then she
should find someone to impregnate her. Her husband, according to her, would not
initiate sex and when she did, he would ask her if she was ovulating. She
further alleged he has committed adultery with different women and would
sometimes sleep with them in the matrimonial home in her absence and though she
complained to him that his behaviour was affecting her health negatively, he
would not stop. She told the court that on 17th May 2014, when she
returned to the matrimonial home from Kumasi, she did not meet her husband, he
did not return home until 4 a.m. and when he did it was in the company of
another woman. When she confronted them, her husband went to the defence of the
other woman. After that incident, she decided to pack out of the matrimonial
home and while waiting for a taxi, her husband took her clothes which were in
the laundry, threw them on her suitcase and asked her not to forget to take
them with her. She further told the court that she has been stressed by her
husband’s behaviour and has become hypertensive as a result. These were not
challenged.<o:p></o:p><o:p>&nbsp;</o:p>The Respondent in his answer denied he has been cruel to his wife
or behaved unreasonably. He further denied he has been sleeping outside. At the
trial, his stance changed. He admitted adultery. Leading him in his testimony
his lawyer asked; <o:p></o:p>Counsel: The Petitioner has accused you of infidelity, that you
flirt with or flirted with other ladies whilst in the marriage and that several
advice from her to you to desist never worked out. What do you say to that?<o:p></o:p>Respondent: It is true and I regret my actions and I have asked
for forgiveness from her but she says she is no longer interested in the
marriage and that her trust is broken.<o:p></o:p><o:p>&nbsp;</o:p>