BALASU VRS NETTEY (A4/148/22) [2023] GHADC 1178 (13 August 2023)

BALASU VRS NETTEY (A4/148/22) [2023] GHADC 1178 (13 August 2023)

The petitioner proved on a balance of probabilities that the respondent behaved unreasonably, causing psychological and emotional stress, making it unreasonable to expect the petitioner to continue living with the respondent. The marriage has therefore broken down beyond reconciliation and is dissolved.

Citation
[2023] GHADC 1178
Parties
Petitioner: Bernice Balasu; Respondent: Eric Nerquaye Nettey
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 August 2023
Case Number
A4/148/22
Procedural Posture
Divorce Petition (customary Marriage) / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Customary Marriage, Child Custody, Maintenance, Matrimonial Property, Financial Settlement
Source Language
English
Family Law Divorce Customary Marriage Child Custody Maintenance Matrimonial Property Financial Settlement

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Parties

Bernice Balasu

Petitioner

Eric Nerquaye Nettey

Respondent

Procedural Posture

Divorce Petition (customary Marriage) / Judgment

Legal Issues

  1. 1 Whether the customary marriage can be dissolved under the Matrimonial Causes Act
  2. 2 Whether the marriage has broken down beyond reconciliation
  3. 3 Whether the petitioner is entitled to the reliefs sought

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent behaved unreasonably, causing psychological and emotional stress, making it unreasonable to expect the petitioner to continue living with the respondent. The marriage has therefore broken down beyond reconciliation and is dissolved.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • Custody of all four children granted to the petitioner.
  • Respondent to pay monthly maintenance of GHC 2,000 for the children.