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COUSSEY V. COUSSEY

(1959) JELR 65721 (HC)

High Court  •  16 Feb 1959  •  Ghana

Coram
SARKODEE-ADDO J.

Appearances
AMANKWATIA FOR APPLICANT.

Judgement
<p><strong>SARKODEE-ADOO J.</strong></p><p>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 By Section 1 of the Matrimonial Causes Act, 1937, (now repealed and replaced by Section 2 of the Matrimonial Causes Act, 1950) leave can be granted only on the ground of exceptional hardship suffered by the would-be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.”</p><p>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.</p><p>On the authorities, the really important consideration i…</p>

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