Tam Vrs Bonsu [2023] GHACC 362 (31 March 2023)

The respondent did not deny the allegations of adultery, pregnancy by another man, and desertion. The court finds the marriage has broken down beyond reconciliation and grants a decree of divorce.

Citation: [2023] GHACC 362
Parties: Petitioner: Lesley Tam; Respondent: Benedicta Bonsu
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 31 March 2023
Procedural Posture: Divorce Petition / Judgment
Outcome: petition granted; marriage dissolved
Legal Topics: Divorce, Matrimonial Causes, Adultery, Irretrievable Breakdown of Marriage
Source Language: English

Family Law Divorce Matrimonial Causes Adultery Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

Lesley Tam

Petitioner

Benedicta Bonsu

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

1 Whether the marriage between the parties has broken down beyond reconciliation under the Matrimonial Causes Act, 1971, Act 367
2 Whether the petitioner is entitled to dissolution of marriage based on adultery and desertion

Ratio Decidendi

The respondent did not deny the allegations of adultery, pregnancy by another man, and desertion. The court finds the marriage has broken down beyond reconciliation and grants a decree of divorce.

Court Disposition

petition granted; marriage dissolved

Orders

Decree of Divorce issued dissolving the marriage celebrated on 16th November, 2018
No equitable relief granted to the petitioner