Gá-Dángme Divorce

By Dr Nii Armarh Aryeh
As might be expected many marriages end in dissolution; as a result clear rules have over time been formulated to regulate divorce. We need not delve into the reasons why matrimonial bliss might suddenly turn to bitterness and acrimony. We need only state that occasional disagreement is natural to the marital condition. When, however, a couple's problems persist and all attempts at solution fail, a divorce might be considered. In the meantime, however, all manner of individuals would have attempted to conciliate the parties.

Where the parties are unable to reconcile their differences either of them amy approach a third party, usually a trusted relative or friend who would seek to the advice the couple on an informal basis. If matters do not improve, the parties' parents might be approached; the grievance of each party is then considered and proposals for improvement put forward.

If the relationship continues to deteriorate a few other advisors might be considered; but ultimately the conclusion might be reached that the parties are incapable of continuing as marriage partners.
The above is generally the case where no clear-cut ground of divorce can be cited by either party. In a number of cases, however, one party might be aggrieved the specific conduct of the other and cites that as the ground of divorce. Grounds of divorce under this head include: Adultery; Desertion; Cruelty;

The husband's inability to maintain his wife and children; or the wife's inability to maintain a proper home;
Disobedience to the husband or to respected members of his family, and; Inability to carry out marital obligations.

A husband's adultery with an unmarried woman is usually no ground for divorce at the instance of the wife; this is because under traditional law a man may marry a number of women. However, a wife's adultery is a ground for divorce. If the husband chooses to condone adulterous behaviour he may nevertheless demand adultery fee or ayifale from the paramour. The wife's behaviour is reported to her family; and she may be required to slaughter a sheep in pacification of the husband. In the past, the sheep-skin was permanently placed at the foot of the marital bed to remind the wayward wife of the obligation to keep to the straight and narrow.

Desertion or abandonment of one's wife and children is a ground for divorce under traditional law. It was the husband's duty to feed and cloth his wife and children. When he ceases to undertake these responsibilities; and particularly when stops visiting the wife and children, he is deemed to have deserted the wife who then becomes entitled to start divorce proceedings. Where the couple lived under the same roof desertion could commence with the expulsion of the wife whereupon she would return to her own family house with or without her children.

Cruelty takes many forms, ranging from denial of conjugal rights to wife-beating and husband-battering. Occasional acts and omissions perceived by one party to be cruel may be tolerated; however, where cruelty becomes a regular feature of the marriage the affected party may seek divorce.

A husband's inability to maintain his wife and children or a wife's inability to carry out domestic responsilities constitute another ground of divorce. Upon marriage, a husband is deemed to have assumed responsibility for providing for his wife and children. Where a man's family is in the eyes of the world left destitute and in permanent need of the necessaries of life, the man is considered to have woefully failed to meet his responsibilities. In the same vein a wife is assumed to have acquired the skills and knowledge to fully the duties of housewifery and child-care; inability to demonstrate such skill and knowledge may entitle the husband to divorce.

Obedience to in-laws and influential members of the husband's family are considered a sign of a wife's good conduct. A wife who uses vituperative language and shows no respect for in-laws and respected family members is considered liable to influence the husband negatively; and soon gets into trouble with the husband's extended family.

It is further feared that such a wife might turn her children against the extended family; the extended family therefore readily supports a husband's bid to divorce a wife on grounds of disobedience to family members. Husband's who fail to take decisive action against such wife's are regarded as hen-pecked, and frequently reminded of the aphorism: gbla taa eshweó weku or "a marriage may be dissolved but the extended family remains."

A party to a marriage may be rendered incapable of carrying out his or her marital duties due to a variety of reasons. Impotence and sterility renders a spouse physically incapable of carrying out the expectations of a marriage and are grounds of divorce in traditional law. In the past other factors, such as witchcraft, especially when it was alleged to result in the continuous death of children, were considered as rendering a party psychologically incapable of carrying out the expectations of marriage.

Where a marriage is dissolved through no fault of the wife a man may not recover any of any gifts or expenses made or incurred when the marriage was contracted; on the other hand, a wife initiates a divorce, particularly in order to marry a lover she is liable to return the husband's gifts and other expenses incurred in contrating the marriage. Once these have been returned to the husband's family the marriage is formally considered to have ended, and either party may enter into a new contract of marriage to another person.

Although the King is not directly concerned with marriage and divorce, appeals from heads of families and quarter chiefs ultimately lies to the king's tribunal. For that reason the royal tribunal has opportunity, from time to time, to re-state the traditional rules of marriage and divorce.