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DONKOR
V.
DONKOR

(1983) JELR 64944 (HC)

High Court 30 May 1983 Ghana
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- The petitioner in this case is seeking a dissolution of marriage. - The respondent's counsel has stated that the respondent will not contest the petition if the petitioner agrees to have her testimony about the respondent's alleged matrim

Case Details

Judges:OSEI-HWERE J.
Counsel:T. A. NELSON-COFIE FOR THE PETITIONER; I. QUANSAH FOR THE RESPONDENT.
Other Citations:[1982-83] GLR 1158

OSEI-HWERE J.

The proceedings in this petition for dissolution of marriage are part-heard before this court. The petitioner had already called three witnesses and she was in the course of giving her evidence-in-chief when the respondent’s counsel announced that his client would not contest the petition provided the petitioner would consent that the court expunged from the record her testimony about the respondent’s alleged matrimonial offences. He had consulted the petitioner’s counsel in anticipation and so he readily gave the petitioner’s consent. The view was expressed in court that the court cannot force marriage on parties who no longer desire to live together as man and wife.

The Matrimonial Causes Act, 1971 (Act 367), does not permit spouses married under the Marriage Ordinance, Cap. 127 (1951 Rev.), to come to court and pray for the dissolution of their marriage just for the asking. The petitioner must first satisfy the court of any one or more of those facts set out in section…

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