KLUTSE VRS HAVOR (A4/ 35/ 2023) [2024] GHADC 176 (29 January 2024)

KLUTSE VRS HAVOR (A4/ 35/ 2023) [2024] GHADC 176 (29 January 2024)

The marriage has irretrievably broken down as evidenced by the parties' prolonged separation, lack of conjugal relations for nine years, and mutual consent to dissolution, satisfying the grounds under Section 2(1)(b), (d), and (f) of the Matrimonial Causes Act.

Citation
KLUTSE VRS HAVOR (A4/ 35/ 2023) [2024] GHADC 176 (29 January 2024)
Parties
Petitioner: S. W. O Klutse Paul; Respondent: Benedicta Awusi Havor
Court
ghadc
Jurisdiction
Ghana
Judgment Date
29 January 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Decree of dissolution of marriage granted; marriage certificate canceled; custody of children granted to petitioner with reasonable access to respondent; no order as to costs.
Legal Topics
Divorce, Custody, Matrimonial Causes, Dissolution of Marriage
Source Language
eng
Family Law Divorce Custody Matrimonial Causes Dissolution of Marriage

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Parties

S. W. O Klutse Paul

Petitioner

Benedicta Awusi Havor

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irretrievably broken down under the Matrimonial Causes Act
  2. 2 Whether the petitioner has met the burden of proof for dissolution of marriage
  3. 3 Custody of the children of the marriage

Ratio Decidendi

The marriage has irretrievably broken down as evidenced by the parties' prolonged separation, lack of conjugal relations for nine years, and mutual consent to dissolution, satisfying the grounds under Section 2(1)(b), (d), and (f) of the Matrimonial Causes Act.

Court Disposition

Decree of dissolution of marriage granted; marriage certificate canceled; custody of children granted to petitioner with reasonable access to respondent; no order as to costs.

Orders

  • Marriage between the parties dissolved.
  • Marriage certificate canceled.