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(1973) JELR 64900 (HC)

High Court  •  27 Jul 1973  •  Ghana




On 1 July 1973, I made an order dissolving the marriage between the petitioner and the respondent and reserved my reasons for making that order. I now proceed to give the reasons.

The husband-petitioner herein seeks divorce on the sole ground that his marriage with the respondent has broken down beyond reconciliation in that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with her. The petitioner asks for the custody of the four children of the marriage.

In order to determine whether the conduct of one spouse has been such as to entitle the other to withdraw from cohabitation the circumstances surrounding the conduct and the whole history of the marriage must be considered. The petitioner is a Ghanaian domiciled in Ghana and the respondent a German citizen domiciled in West Germany. On 18 July 1959 the petitioner, then a bachelor, married the respondent, then a spinster at the Evangelical Presbyterian Church of Venusberg, Bon…

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