Ayayee v Kelvis (E6/09/2023) [2023] GHAHC 686 (22 December 2023)

Ayayee v Kelvis (E6/09/2023) [2023] GHAHC 686 (22 December 2023)

The marriage has broken down beyond reconciliation due to respondent's voluntary desertion for nearly 10 years without substantiated evidence of abuse. The best interest of the child requires custody to be granted to the petitioner, who is better placed to provide for the child's welfare. Respondent is not entitled to alimony due to lack of evidence and her voluntary desertion.

Citation
[2023] GHAHC 686
Parties
Petitioner: Michael Ayayee; Respondent: Elizabeth Kelvis
Court
High Court
Jurisdiction
Ghana
Judgment Date
22 December 2023
Case Number
E6/09/2023
Procedural Posture
Divorce Petition and Cross Petition / Judgment
Outcome
Petition allowed. Cross-petition dismissed except as to dissolution.
Legal Topics
Divorce, Custody, Alimony, Maintenance
Source Language
English
Family Law Divorce Custody Alimony Maintenance

Case Brief

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Parties

Michael Ayayee

Petitioner

Elizabeth Kelvis

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to his reliefs
  3. 3 Whether the respondent is entitled to her cross-petition

Ratio Decidendi

The marriage has broken down beyond reconciliation due to respondent's voluntary desertion for nearly 10 years without substantiated evidence of abuse. The best interest of the child requires custody to be granted to the petitioner, who is better placed to provide for the child's welfare. Respondent is not entitled to alimony due to lack of evidence and her voluntary desertion.

Court Disposition

Petition allowed. Cross-petition dismissed except as to dissolution.

Orders

  • Marriage between the parties dissolved.
  • Custody of Ayayee John Oliver granted to petitioner with reasonable access to respondent.