Automated Summary
Key Facts
The petitioner, Lucy Nyikpa (a police officer stationed in Ho), and respondent, Simon Quist Ayiku (a civil aviation officer in Accra), married on 03-02-2018 at the Church of Pentecost in Atimpoku. The couple's child was born on 23-09-2021 and died on 20-01-2023. The petitioner alleges the respondent cheated, denied paternity during her pregnancy, and caused emotional distress by falsely accusing her of adultery. The respondent denies these claims but admits to filing a cross-petition for dissolution. The court found the marriage had irretrievably broken down due to the respondent's conduct, including his failure to support the petitioner during her pregnancy and child's illness. Judgment was granted dissolving the marriage, with the respondent ordered to pay GH¢20,000.00 in compensation to the petitioner for expenses and emotional trauma.
Issues
- Though the petitioner did not request monetary compensation, the court awarded GH¢20,000 to the petitioner for expenses incurred during the marriage and emotional distress caused by the respondent's conduct, particularly regarding the pregnancy and child's death.
- The primary issue was whether the marriage between the petitioner and respondent, contracted on 3/02/2018, had irretrievably broken down beyond reconciliation. The petitioner alleged the respondent's behavior, including denial of paternity, accusations of adultery, and failure to maintain the marriage, rendered cohabitation unreasonable. The court found the marriage had indeed broken down beyond reconciliation.
- The petitioner claimed the respondent denied her pregnancy, refused paternity acceptance without DNA testing, and engaged in infidelity. The respondent denied these allegations but admitted to living apart and not providing adequate support during the petitioner's pregnancy and child's illness.
Holdings
- The court determined that the marriage between the parties, contracted on 3/02/2018, has broken down beyond reconciliation due to the respondent's behavior, including denial of paternity, lack of support during pregnancy and child's illness, and accusations of adultery. The court also ordered GH¢20,000.00 compensation to the petitioner for emotional trauma and expenses.
- The court found the respondent's approach to the pregnancy and child's death, as well as his failure to resolve marital issues, contributed to the toxic relationship. The respondent's cross-petition implicitly agreed to dissolution, though he denied specific allegations.
Remedies
- The court decided there shall be no order as to cost, meaning neither party is required to cover legal expenses.
- The court granted the petition for dissolution of the marriage, which was contracted on 3/02/2018 at McKeown Temple Atimpoku, due to the marriage breaking down beyond reconciliation.
- The court ordered the respondent to pay GH¢20,000.00 as compensation to the petitioner to cover expenses and legal costs, acknowledging her emotional trauma and lack of support during the marriage.
Monetary Damages
20000.00
Legal Principles
The court applied the principle that the petitioner must prove the marriage has broken down beyond reconciliation, as outlined in Section 1(2) of the Matrimonial Cause Act 1971 (Act 369). The petitioner satisfied this burden by demonstrating the respondent's behavior made cohabitation unreasonable and that reconciliation efforts failed.
Cited Statute
Matrimonial Cause Act 1971
Judge Name
Charity A. Asem
Passage Text
- This court finds as a fact that the marriage between the parties contracted on the 3/02/2018 has broken down beyond reconciliation. From this point one cannot insist the parties should live together as man and wife as it takes two to tango.
- I make an order directed at the respondent to pay an amount of GH¢20,000.00 representing some compensation to pacify the petitioner, to defray part of her expenses and legal cost.
- the petitioner has proved that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. That the parties have after diligent effort, been unable to reconcile their differences.