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YAA SERWAA
V.
ERIC ASAMOAH

(2022) JELR 110015 (HC)

High Court 9 Feb 2022 Ghana
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- The case involves a divorce petition filed by the Petitioner against the Respondent. The Petitioner sought for the dissolution of their marriage, financial provision, joint ownership of the matrimonial home and a Honda CR-V vehicle, and p

Case Details

Suit Number:SUIT NO. GJ5/3/19
Judges:JUSTICE FRANCIS OBIRI
Counsel:GERTRUDE ACHEAMPONG FOR THE PETITIONER KWAMINA MENSAH FOR THE RESPONDENT

JUDGMENT

I am often reminded by God’s decree in Malachi 2:16, where he said “I hate divorce, says the Lord the God of Israel--------”

Our Lord Jesus Christ also spoke against divorce when he said in Mathew 19:5-6 as follows: “For this reason a man will leave his father and mother and be united to his wife and the two will become one flesh.  So, they are no longer two but one.  Therefore, what God has put together let no man put asunder.”

However, it is the law that no one can compel parties to continue to marry.  Thus, it appears that if the parties themselves decide to seek divorce contrary to the biblical position, if they are Christians, then the court will have to give its blessings to it.

Lord Denning in his Book Landmarks in the Law (Butterworths 1954) at page 176 wrote on attitude of the British people to divorce as follows;

“There is no longer any binding knot for marriage.  There is only a loose piece of string which the parties can untie at will.  Divorce is not a stigma.  It has…

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