TEYE VRS KWAKYE (A4/01/23) [2023] GHADC 1010 (13 July 2023)

TEYE VRS KWAKYE (A4/01/23) [2023] GHADC 1010 (13 July 2023)

The marriage has broken down beyond reconciliation as evidenced by the parties living separately, lack of conjugal relations, absence of maintenance, and the petitioner's current pregnancy by another man. Both parties consent to the dissolution and have agreed on custody and access arrangements.

Citation
[2023] GHADC 1010
Parties
Petitioner: Esther Teye; Respondent: Ernest Kwakye
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 July 2023
Case Number
A4/01/23
Procedural Posture
Divorce Petition / Judgment
Outcome
petition for dissolution of ordinance marriage granted
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Esther Teye

Petitioner

Ernest Kwakye

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation under the Matrimonial Causes Act, Act 367
  2. 2 Whether the petitioner is entitled to dissolution of the ordinance marriage
  3. 3 Custody and access arrangements for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by the parties living separately, lack of conjugal relations, absence of maintenance, and the petitioner's current pregnancy by another man. Both parties consent to the dissolution and have agreed on custody and access arrangements.

Court Disposition

petition for dissolution of ordinance marriage granted

Orders

  • Ordinance marriage between petitioner and respondent dissolved
  • Custody of the two children to remain with respondent