Ewool Vrs Ewool [2023] GHADC 37 (14 March 2023)

Ewool Vrs Ewool [2023] GHADC 37 (14 March 2023)

The marriage has broken down beyond reconciliation due to the Respondent's admitted adultery, desertion, and unreasonable behaviour. The Respondent's justification for leaving the matrimonial home was not proven. The best interests of the children require that custody remain with the Petitioner.

Citation
[2023] GHADC 37
Parties
Petitioner: Eunice Ewool; Respondent: Ebenezer Ewool
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 March 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed. Marriage dissolved.
Legal Topics
Divorce, Custody of Children, Maintenance, Adultery, Desertion
Source Language
English
Family Law Divorce Custody of Children Maintenance Adultery Desertion

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Parties

Eunice Ewool

Petitioner

Ebenezer Ewool

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the Respondent committed adultery and deserted the matrimonial home
  3. 3 Custody and maintenance of the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the Respondent's admitted adultery, desertion, and unreasonable behaviour. The Respondent's justification for leaving the matrimonial home was not proven. The best interests of the children require that custody remain with the Petitioner.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The ordinance marriage between the parties is dissolved and a decree of divorce is granted; the marriage certificate is cancelled.
  • Custody of the four children is granted to the Petitioner with reasonable access to the Respondent.