Boye Vrs Boye [2023] GHAHC 66 (31 July 2023)
The marriage has broken down beyond reconciliation, both parties consented to dissolution, and petitioner proved wilful neglect by respondent. Properties acquired during marriage are subject to equitable distribution under constitutional and statutory provisions.
- Citation
- [2023] GHAHC 66
- Parties
- Petitioner: Dzifa Madugu Boye; Respondent: Edward Boye
- Court
- High Court
- Jurisdiction
- Ghana
- Judgment Date
- 31 July 2023
- Procedural Posture
- Divorce Petition / Final Judgment
- Outcome
- Petition allowed; marriage dissolved; ancillary reliefs granted.
- Legal Topics
- Dissolution of Marriage, Custody of Children, Maintenance, Property Settlement, Alimony
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dzifa Madugu Boye
Petitioner
Edward Boye
Respondent
Procedural Posture
Divorce Petition / Final Judgment
Legal Issues
- 1 Whether the customary marriage between the parties has broken down beyond reconciliation and should be dissolved
- 2 Whether the petitioner is a joint owner of the matrimonial properties acquired during the marriage and entitled to her reliefs
Ratio Decidendi
The marriage has broken down beyond reconciliation, both parties consented to dissolution, and petitioner proved wilful neglect by respondent. Properties acquired during marriage are subject to equitable distribution under constitutional and statutory provisions.
Court Disposition
Petition allowed; marriage dissolved; ancillary reliefs granted.
Orders
- Custody of two children granted to petitioner with reasonable access to respondent.
- Respondent to pay maintenance of GH¢3,000.00 per month for children.
Full Case Text
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