BAIDEN VRS FRIMPONG (A4/41/2023) [2024] GHACC 33 (26 January 2024)

IN THE CIRCUIT COURT HELD AT KWABENYA ON FRIDAY THE 26TH DAY OF JANUARY, 2024 BEFORE HER HONOUR MAWUSI BEDJRAH, CIRCUIT JUDGE SUIT NO. A4/41/2023 AMA AMOABEA BAIDEN PETITIONER VRS KUDJO FRIMPONG RESPONDENT PETITIONER PRESENT RESPONDENT ABSENT JUDGMENT Petitioner is a Human Resource Manager and Respondent a self-employed businessman. The parties got married on 1st September 2018 at the Evangel Church International, Accra. There is no issue in the marriage. In a petition filed on 17th July 2023, Petitioner prays for a dissolution of the marriage contracted between her and Respondent as a result of unreasonable behaviour. The particulars of unreasonable behaviour are that; i. Respondent has failed to join the Petitioner in their rented matrimonial apartment at Taifa-Accra when they moved out of a rented apartment at Haatso. The Respondent has moved to his sister’s house at Agbogba instead. ii. The parties have not lived together as husband and wife since 2022. iii. Respondent only cares and listens to his niece and has neglected Petitioner’s personal needs, emotions and shows no interest in her. iv. Respondent has resorted to alcohol abuse which Petitioner had advised him on several occasions to quit but he has failed to pay heed. v. The attitude of Respondent has caused Petitioner much anxiety, disrespect and embarrassment. 1 vi. Respondent has refused to be intimate with Petitioner since January 2022. vii. Respondent has stopped maintaining the house as head of family since 2021. viii. Petitioner has returned the Respondent’s traditional drink and engagement ring to his family. ix. Several attempts by family members to have the marital problems of the parties resolved have been in futility due to the uninterested character of Respondent to continue the marriage with Petitioner. Respondent, in his answer to the petition for divorce filed on 11th September, 2023, denies the allegations of unreasonable behaviour levelled against him by Petitioner. Particularly, Respondent states that; i. Petitioner disagreed with Respondent for the rent of an affordable house and eventual purchase of the house but Petitioner instead rented an expensive house of which Respondent was not interested. ii. He cares and loves Petitioner but was only supporting his niece. iii. He drinks occasionally but does not abuse alcohol. iv. He refused to be intimate with Petitioner since April, 2022 due to the attitude of Petitioner. v. He is a responsible husband and always maintains the house as head of family within his capacity. vi. He wants to maintain the marriage but if Petitioner insists to discontinue the marriage then she is entitled to her relief sought for. The petition was set down for trial on 22nd September, 2023. THE EVIDENCE Petitioner testified by herself and did not call any witness in the matter. Petitioner testified by relying on the particulars of unreasonable behaviour as provided in her petition and elaborated on same. She tendered the marriage certificate, which was accepted by the Court as Exhibit ‘A’. Respondent, having heard the evidence of Petitioner, chose not to cross-examine her. This is what Respondent told the Court; “All that she said is right. I have no question for her.” 2 Respondent testified by himself and also did not call any witness. His testimony included attempts he had made to settle their differences. This included falling on his uncle as well as Petitioner’s spiritual father but these attempts were not successful. Following this, Petitioner cross-examined Respondent on his evidence. EVALUATION OF EVIDENCE AND APPLICATION OF THE LAW Under the Matrimonial Causes Act, 1971 (Act 367), specifically section 1, the sole ground for the grant of divorce is whether the marriage has broken down beyond reconciliation. Sections 2 (a) to (f) further provide any of the factors that must be established to prove the breakdown of the marriage beyond reconciliation. Under section 2 (1) (f), if the parties to the marriage after diligent efforts have been unable to reconcile their differences, it becomes a ground for the court to grant divorce. I have noted that the basis of this petition is unreasonable behaviour, which has been denied. However, I have also noted from the petition that Petitioner has returned Respondent’s traditional drink and engagement ring to his family and that several attempts by family members to resolve the matrimonial problems of the parties have not been successful. These attempts as stated by Petitioner have not been denied by Respondent. He rather elaborates on the attempts at settlement made, which included falling on his uncle as well as Petitioner’s spiritual father, which did not yield the desired result. Further, from the evidence, the parties have not lived together as husband and wife since April 8, 2022. It may be worthwhile to consider the cross-examination of Respondent in this regard; “Q: On the 8th of April, 2022, we were supposed to move to a rented apartment together at Taifa. Why didn’t you join me? A: I told her that I would join her after the wedding ceremony but after I came back home, it was still a difficult thing to move. Q: I called you that I was sick three days after. You did not come and did not call. Why? A: I was tied up somewhere. It was not deliberate.” 3 From the above, a husband who is interested in maintaining his marriage and thus keeping his wife would have behaved differently. Thus, although Respondent’s answer to the petition is that he wants to maintain the marriage, the evidence led before me gives a different impression. In any case, the interventions of family have failed to reconcile the parties and to the extent that they have been living apart getting to two (2) years now, I find and hold that the marriage has broken down beyond reconciliation. Accordingly, it is hereby decreed that the marriage celebrated between Petitioner and Respondent on 1st September 2018 and evidenced by Marriage Certificate ECI/ACHA/003/2018 and Licence Number ECI/ML/03/2018, be and is hereby dissolved forthwith on the ground that same has broken down beyond reconciliation. The Marriage Certificate is cancelled. I make no order as to costs. Her Honour Mawusi Bedjrah Circuit Judge 4