Aliyu Vrs Rahman [2023] GHADC 395 (1 March 2023)

Aliyu Vrs Rahman [2023] GHADC 395 (1 March 2023)

The petitioner established unreasonable behavior by the respondent, including extra-marital affairs and abandonment, which suffices to prove the marriage has broken down beyond reconciliation under Section 2(1)(b) of the Matrimonial Causes Act 1971 (Act 367).

Citation
Aliyu Vrs Rahman [2023] GHADC 395 (1 March 2023)
Parties
Petitioner: Khadija Aliyu; Respondent: Ali Rahman
Court
ghadc
Jurisdiction
Ghana
Judgment Date
1 March 2023
Procedural Posture
Divorce / Final Judgment
Outcome
marriage dissolved
Legal Topics
Customary Marriage, Divorce, Child Custody, Maintenance
Source Language
eng
Family Law Customary Marriage Divorce Child Custody Maintenance

Case Brief

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Parties

Khadija Aliyu

Petitioner

Ali Rahman

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the conduct of the respondent constitutes unreasonable behavior to ground dissolution of the marriage

Ratio Decidendi

The petitioner established unreasonable behavior by the respondent, including extra-marital affairs and abandonment, which suffices to prove the marriage has broken down beyond reconciliation under Section 2(1)(b) of the Matrimonial Causes Act 1971 (Act 367).

Court Disposition

marriage dissolved

Orders

  • Marriage between petitioner and respondent dissolved forthwith
  • Custody of the two children granted to petitioner