Division: IN THE HIGH COURT, SEKONDI
Date: 16TH FEBRUARY, 1959.
Before: SARKODEE-ADDO J.
JUDGMENT OF SARKODEE-ADOO J.
(His lordship stated the facts, and proceeded:-)
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 By Section 1 of the Matrimonial Causes Act, 1937, (now repealed and replaced by Section 2 of the Matrimonial Causes Act, 1950) leave can be granted only on the ground of exceptional hardship suffered by the would-be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.152] of [1959] GLR 151
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.
DECISION
The application is granted as prayed.
