Yeboah Vrs Oppong [2023] GHADC 695 (14 July 2023)

Yeboah Vrs Oppong [2023] GHADC 695 (14 July 2023)

The petitioner failed to prove unreasonable behaviour under section 2(1)(b) of Act 367, but both parties expressed a desire for dissolution. The court found the marriage had broken down beyond reconciliation under section 2(1)(f) of Act 367 and granted dissolution. Custody was awarded to the petitioner in the best interest of the children, with access and maintenance orders made against the respondent.

Citation
[2023] GHADC 695
Parties
Petitioner: Rebecca Yeboah; Respondent: Eugene Oppong
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition for dissolution of marriage granted
Legal Topics
Divorce, Custody, Maintenance
Source Language
English
Family Law Divorce Custody Maintenance

Case Brief

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Parties

Rebecca Yeboah

Petitioner

Eugene Oppong

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under section 1(2) and 2(1) of the Matrimonial Causes Act 1971 (Act 367)
  2. 2 Whether the petitioner has established unreasonable behaviour as a ground for divorce
  3. 3 Custody and maintenance of the children

Ratio Decidendi

The petitioner failed to prove unreasonable behaviour under section 2(1)(b) of Act 367, but both parties expressed a desire for dissolution. The court found the marriage had broken down beyond reconciliation under section 2(1)(f) of Act 367 and granted dissolution. Custody was awarded to the petitioner in the best interest of the children, with access and maintenance orders made against the respondent.

Court Disposition

petition for dissolution of marriage granted

Orders

  • Marriage between the parties dissolved.
  • Custody of the children granted to the petitioner with reasonable access to the respondent every weekend and during long school vacations.