Ratio DecidendiRatio Decidendi



BERYL ROSALYN ADDAE PETITIONER
V.
ANTHONY DICKSON ADDAE RESPONDENT

(2017) JELR 69617 (HC)    
High Court  ·  SUIT NO. DM/10/2015 ·  30 Mar 2017 ·  Ghana
CORAM
JUSTICE JENNIFER AKUA TAGOE J.

Ratio Decidendi

Core Terms Beta
petitioner
respondent
adultery
husband
marriage
court
matrimonial home
attempts
children
petition
wife
alcohol
certificate of marriage
counsel
holy spirit cathedral
low sperm count
matrimonial causes act
ample evidence
anthony dickson addae
a. okay
beryl rosalyn addae
clear respondent
committed adultery
context of the issue
cross-examination
different women
evidence
husband’s medical condition
instant case
interventions
lump sum
marriage ordinance cap
medical advice
medical doctors
party
pastor cornelius
payment of maintenance
petitioner’s account
polished word flirt
proof of the breakdown of the marriage
reason of such adultery
remorseful husband
reparable reconciliation
spite of her childlessness
sub section
unreasonable behaviour
view of the court
wife sex

TAGOE J.

On 2nd November 2015, the Petitioner filed this petition for dissolution of the marriage 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 and travelled to Accra and to the matrimonial home every weekend. She prayed:

a). 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.

b). Payment of maintenance and substantial alimony, and cost of the action to the Petitioner.

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 u…

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