The marriage of the Director of Communications at the Presidency, Eugene Arhin, and his estranged wife, Gloria Assan is officially over.
It follows the decision of the ‘Divorce and Matrimonial Court presided over by High Court Judge, Justice Cecilia Don-Chebe Agbevey to dissolve the marriage on 28th April 2021.
It will be recalled that one of the allegations Gloria levelled was that “the Respondent (Eugene Arhin) has committed and continues to commit adultery with one Chantel Kudjawu also known as Getrude Gbajo.”
This allegation was vehemently denied by Eugene Arhin who put Gloria Assan to strict proof.
With Eugene Arhin having denied the allegation in his response to the Petition, the onus, according to the Court was on the Petitioner (Gloria) to lead cogent and credible evidence of her assertion.
In her ruling, Justice Cecilia Don-Chebe Agbevey cited the case of ZABRAMA V. SEGBEDZI  2GLR, 221, where the Court of Appeal per Kpegah JA (as he then was) held that: “a person who makes an averment or assertion, which is denied by his opponent has the burden to establish that his averment or assertion is true. And, he does not discharge this burden unless he leads admissible and credible evidence from which the fact or facts he asserts can properly and safely be inferred. The nature of each averment or assertion determines the degree and nature of that burden.”
She also cited the case of ADJETEY V. ADJETEY (1973) 1 GLR 216, where the Court held that: “Direct evidence of adultery is rare. In nearly every case, the fact of adultery is inferred from the circumstances which by fair and necessary inference lead to that conclusion. There must be proof of disposition and opportunity for committing adultery but the conjunction of strong inclination with evidence of opportunity will not lead to an irrefutable presumption that adultery has been committed. Likewise, the Court was not bound to infer adultery from evidence of opportunity alone.”
She therefore noted that “the Petitioner (Gloria) merely repeated her pleadings, and thereby failed woefully to adduce evidence of circumstances that would have enabled the Court to make the necessary inference to the effect that the Respondent (Eugene Arhin) committed adultery. Thus, I am unable to find that the Respondent (Eugene Arhin) committed adultery.”
With Eugene and Gloria both admitting that “several attempts by family and friends to reconcile their differences were not successful”, Justice Don-Chebe Agbevey was satisfied that “the marriage has broken down beyond reconciliation.”
The Justice of the High Court therefore cancelled their marriage certificate with license number AMA/017/2013, with a copy of the divorce certificate served on the Registrar of Marriages for the amendment of records.
Meanwhile, the Court has asked Gloria to keep custody of the children of the marriage in a manner that they would live with her.
It however gave Eugene the right to visit the children at all times subject to giving Gloria a reasonable notice of not less than 2hours before the visit so as to prepare the children.
He would also have the opportunity to pick the children to his home when they close from school every Friday at 3pm and return them to the school at 7:30am if it is a school going time.