• Eugene Arhin's marriage with his estranged wife Gloria Assan has been dissolved
• The court in dissolving marriage granted the wife custody of the children but gave Eugene Arhin access to the children
• The court said that Gloria Assan failed to adduce evidence to validate her adultery claims against Eugene Arhin
The Divorce and Matrimonial division of the Accra High Court has officially dissolved the marriage between Director of Communications at the Presidency, Eugene Arhin and his wife Gloria Assan.
The court presided by Justice Cecilia Don Chebe Agbeyey, granted the divorce wish of Gloria Assan, according to Daily Guide News online.
The report said the court in its judgement stated that Gloria Assan could not provide evidence to substantiate her claims of adultery against Eugene Arhin.
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.”
In her ruling, Justice Cecilia Don-Chebe Agbevey 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 noted further 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.”
The judge in cancelling the marriage detailed that there have been attempts by persons close to the parties to restore the marriage but their efforts yielded no result and that the marriage had broken beyond repairs.
The ruling indicates that Gloria Assan will keep custody of their children but Euguene Arhin reserves the right to visit the children at all times subject to notice of not less than 2 hours to Gloria Assan.
Eugene Arhin was instructed by the court to pay a sum of GHC100,000 to Gloria Assan who also won the rights to a five-bedroom uncompleted house in the Kpone Katamanso district.
Gloria Assan was also given three vehicles.
Eugene Arhin has also been granted permission to pick the children from school when they close on Fridays and return them to the school at 7:30 on Mondays or school going time.
In the event, he Eugene Arhin travels out of the country, he will notify his ex-wife of his absence and ask her to pick the children from school. Vacation periods for the school will be shared equally by both parties on rotational basis.
A monthly allowance of GHC6,000 will be shared 60% and 40% by Eugene Arhin and Glorian Assan respectively. Eugene Arhin as per the report is also obliged to the foot the educational and medical care of the children.