COUSSEY V. COUSSEY
by SARKODEE-ADDO J.
Jurisdiction
HIGH COURT
Judge
SARKODEE-ADDO J.
Catalog Type
Case
Judgement Date
Feb 16, 1959
Summary
The petitioner sought leave to present a divorce petition within three years of marriage, alleging circumstances amounting to exceptional hardship or depravity. The applicable law required such leave to be granted only in exceptional cases, and prior judicial decisions had varied in interpreting what constituted “exceptional.” The court also considered whether there was any reasonable probability of reconciliation between the parties. The issue before the court was whether the petitioner had established sufficient grounds of exceptional hardship or depravity to justify the grant of leave to file for divorce within the restricted three-year period. The court held that, assuming the petitioner’s allegations were true, there was no reasonable probability of reconciliation before the expiration of the three-year period. It therefore found the case to be a proper one for granting leave. The court granted the petitioner leave to present the divorce petition, noting that the allegations would be fully examined at trial and the petition could be dismissed if they proved untrue
Full Content
SARKODEE-ADOO J.
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 By Section 1 of the Matrimonial Causes Act, 1937, (now repealed and replaced by Section 2 of the Matrimonial Causes Act, 1950) leave can be granted only on the ground of exceptional hardship suffered by the would-be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 authorities, the really important consideration in all these cases is to see whether or not there is “reasonable probability of reconciliation” before the expiration of the three years. If the husband’s allegations be true, there is, it is clear, no such probability.
In all the circumstances, I feel it is a proper case in which to grant leave to present the petition within three years of the marriage. After all, the applicant’s allegations against the respondent will be investigated at the hearing of the petition, and if they are untrue the petition will no doubt be dismissed.
Appearances
AMANKWATIA FOR APPLICANT.