Eshun Vrs Eshun [2023] GHACC 360 (3 March 2023)

Eshun Vrs Eshun [2023] GHACC 360 (3 March 2023)

The respondent's conduct, including failure to name the child, not attending the petitioner's father's funeral, irresponsibility regarding debts, and lack of care for the children, constitutes unreasonable behaviour and irretrievable breakdown of the marriage. Both parties have not lived together as husband and wife for over five years and consent to the dissolution. The court finds the petitioner's evidence more credible and grants the divorce, custody, and maintenance orders accordingly.

Citation
[2023] GHACC 360
Parties
Petitioner: Francisca Gladys Owusu Eshun; Respondent: Anthony Eshun
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 March 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Child Custody, Child Maintenance
Source Language
English
Family Law Divorce Child Custody Child Maintenance

Case Brief

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Parties

Francisca Gladys Owusu Eshun

Petitioner

Anthony Eshun

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, Act 367 of 1971
  2. 2 Whether the respondent's conduct amounts to unreasonable behaviour justifying dissolution
  3. 3 Determination of custody and maintenance of the children

Ratio Decidendi

The respondent's conduct, including failure to name the child, not attending the petitioner's father's funeral, irresponsibility regarding debts, and lack of care for the children, constitutes unreasonable behaviour and irretrievable breakdown of the marriage. Both parties have not lived together as husband and wife for over five years and consent to the dissolution. The court finds the petitioner's evidence more credible and grants the divorce, custody, and maintenance orders accordingly.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Marriage between the parties celebrated on 26/11/2011 at Akim Achiase Methodist Church is dissolved; decree of divorce granted.
  • Custody of the children granted to the petitioner with reasonable access to the respondent, subject to prior notice and convenience of the petitioner.