Bennieh Vrs Bennieh [2023] GHACC 375 (31 July 2023)

Bennieh Vrs Bennieh [2023] GHACC 375 (31 July 2023)

The respondent's behavior in calling the petitioner a prostitute and refusing to name their child constituted unreasonable behavior. The petitioner failed to prove willful denial of sex, physical abuse, or death threats. The offer of GHC 600.00 for maintenance was inadequate given the respondent's financial status and the needs of the two qualifying children. The first child, being over 18 and not shown to be in education, is not entitled to maintenance.

Citation
[2023] GHACC 375
Parties
Petitioner: Emelia Bennieh; Respondent: Daniel Bennieh
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition for dissolution of marriage granted
Legal Topics
Dissolution of Marriage, Child Custody, Child Maintenance, Unreasonable Behavior
Source Language
English
Family Law Dissolution of Marriage Child Custody Child Maintenance Unreasonable Behavior

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Parties

Emelia Bennieh

Petitioner

Daniel Bennieh

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent has behaved in an unreasonable manner
  2. 2 Whether the amount of GHC 600.00 offered by the respondent as maintenance is adequate

Ratio Decidendi

The respondent's behavior in calling the petitioner a prostitute and refusing to name their child constituted unreasonable behavior. The petitioner failed to prove willful denial of sex, physical abuse, or death threats. The offer of GHC 600.00 for maintenance was inadequate given the respondent's financial status and the needs of the two qualifying children. The first child, being over 18 and not shown to be in education, is not entitled to maintenance.

Court Disposition

petition for dissolution of marriage granted

Orders

  • Parties to submit marriage certificate for cancellation
  • Custody of the three children granted to the petitioner with reasonable access to the respondent