Legal Basis: Matrimonial Causes Act, 1971 (Act 367)
Justice Osei Tutu explained that the Matrimonial Causes Act, 1971 (Act 367) provides for either spouse—male or female—to apply to the courts for financial relief when one is unable to support themselves.
Read Also: The Best 10 Movies of 2025 (So Far): From Festivals to Blockbusters
Situations where the courts may grant maintenance for a needy husband include circumstances like old age, illness, incapacitation, or other hardship that diminishes the spouse’s means of income.
What This Means in Practice
- If a husband believes his wife is refusing or neglecting the responsibility of support or refuses to help despite being able, he may file a claim in court seeking maintenance.
- The courts can also issue maintenance pending suit, meaning temporary support while the case is ongoing.
- In divorce cases, financial provisions or alimony can be awarded in favor of either party, depending on the burden of proof and evidence presented.
Wider Implications: Upholding Equality in Marriage
Justice Osei Tutu emphasized that marriage under Ghanaian law is meant to be a partnership grounded in mutual responsibility and respect. His comments underscore that gender does not preclude legal rights—both men and women are equally entitled to financial support under certain conditions.
He also noted that children have rights to care and maintenance from their parents, including paying fees for schooling and ensuring their general wellbeing.
