NTIAMOAH VRS OFOSU (C4/04/2023) [2023] GHACC 744 (25 October 2023)

NTIAMOAH VRS OFOSU (C4/04/2023) [2023] GHACC 744 (25 October 2023)

The marriage was dissolved because the petitioner proved, on uncontradicted evidence, that the respondent committed adultery and behaved unreasonably, making it intolerable for the petitioner to continue the marriage, thus satisfying the statutory ground for divorce.

Citation
[2023] GHACC 744
Parties
Petitioner: Michael Roger Ntiamoah; Respondent: Diana Ofosu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 October 2023
Case Number
C4/04/2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Adultery, Unreasonable Behaviour
Source Language
English
Family Law Divorce Matrimonial Causes Adultery Unreasonable Behaviour

Case Brief

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Parties

Michael Roger Ntiamoah

Petitioner

Diana Ofosu

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 respondent committed adultery and/or behaved in a way that the petitioner cannot reasonably be expected to live with her

Ratio Decidendi

The marriage was dissolved because the petitioner proved, on uncontradicted evidence, that the respondent committed adultery and behaved unreasonably, making it intolerable for the petitioner to continue the marriage, thus satisfying the statutory ground for divorce.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage under the Ordinance celebrated on 25th October, 2019 at the Accra Metropolitan Assembly is dissolved.
  • Costs of Four Thousand Ghana Cedis (GH 4,000.00) awarded in favour of petitioner against respondent.