Hannah Mensah Vrs Asakiah Awuni [2022] GHACC 21 (10 October 2022)

Hannah Mensah Vrs Asakiah Awuni [2022] GHACC 21 (10 October 2022)

The marriage has broken down beyond reconciliation due to the respondent's behaviour, including verbal abuse, lack of trust, and cessation of marital relations, making it unreasonable for the petitioner to continue living with the respondent. Both parties are employed, but the respondent is ordered to pay maintenance for the children.

Citation
[2022] GHACC 21
Parties
Petitioner: Hannah Mensah; Respondent: Asakiah Awuni
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Maintenance, Matrimonial Causes
Source Language
English
Family Law Divorce Maintenance Matrimonial Causes

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Parties

Hannah Mensah

Petitioner

Asakiah Awuni

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the petitioner is entitled to maintenance for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the respondent's behaviour, including verbal abuse, lack of trust, and cessation of marital relations, making it unreasonable for the petitioner to continue living with the respondent. Both parties are employed, but the respondent is ordered to pay maintenance for the children.

Court Disposition

petition granted; marriage dissolved

Orders

  • Marriage under the Ordinance celebrated at Accra on 3rd February, 2014 between the parties is dissolved.
  • Respondent to pay GH₵400.00 per month for maintenance of the children.