Eshun Vrs Hagar [2023] GHADC 34 (9 March 2023)

Eshun Vrs Hagar [2023] GHADC 34 (9 March 2023)

The marriage has broken down beyond reconciliation as evidenced by non-cohabitation, lack of sexual relations for over three years, respondent's consent to dissolution, and failed reconciliation attempts. Custody of the minor child is awarded to the respondent in the child's best interest, with maintenance and alimony ordered.

Citation
[2023] GHADC 34
Parties
Petitioner: Daniel Kweku Eshun; Respondent: Aba Hagar
Court
District Court
Jurisdiction
Ghana
Judgment Date
9 March 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Custody, Maintenance, Alimony
Source Language
English
Family Law Divorce Custody Maintenance Alimony

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Parties

Daniel Kweku Eshun

Petitioner

Aba Hagar

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation due to unreasonable behaviour
  2. 2 Custody of the minor child
  3. 3 Maintenance and alimony obligations

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by non-cohabitation, lack of sexual relations for over three years, respondent's consent to dissolution, and failed reconciliation attempts. Custody of the minor child is awarded to the respondent in the child's best interest, with maintenance and alimony ordered.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree of divorce granted; marriage certificate COP/SEK/F55/98 cancelled
  • Custody of Daniel Eshun Jnr to respondent with reasonable access to petitioner