COUSSEY
V.
COUSSEY

(1959) JELR 65721 (HC)    
High Court  ·  16 Feb 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 151 - 152
CORAM
SARKODEE-ADDO J.
Core Terms Beta
petition
cases
circumstances
exceptional depravity
matrimonial causes act
question
section
years of the marriage
answer
applicant’s allegations
authorities
bowman
bowman v
charlesby
charlesby v
consideration
court
different judges
different ways
divorce
exceptional hardship
expiration
facts
fisher
fisher v
ground of exceptional hardship
hearing of the petition
husband’s allegations
important consideration
lordship
l.t.
meaning of the word
others
p.263
p.353
p.72
part of the proposed respondent
petitioner
proper case
provision
reasonable probability of reconciliation
respondent
sarkodee-adoo j.
spouse
such probability
winter
winter v
years

SARKODEE-ADOO J.: (His lordship stated the facts, and proceeded:-)

The question for consideration is: In what circumstances ought leave be given to a spouse to present to the Court a petition for divorce within three years of the marriage? By Section 1 of the Matrimonial Causes Act, 1937, (now repealed and replaced by Section 2 of the Matrimonial Causes Act, 1950) leave can be granted only on the ground of exceptional hardship suffered by the would-be petitioner, or on that of exceptional depravity on the part of the proposed respondent. The answer to the question, then, depends on the meaning of the word “exceptional.”

Different Judges have interpreted this provision in different ways. “Exceptional hardship” and “exceptional depravity” have been considered in Winter v. Winter ([1944] P.72), Charlesby v. Charlesby ((1947) 176 L.T. 532), Fisher v. Fisher ([1948] P.263), and Bowman v. Bowman ([1949] P.353). But these cases-and others-are merely illustrative; they are not exhaustive.

On the…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login