ROBERTA HAWA BAWA VRS EVANS YAO AGBESI [2022] GHACC 334 (17 November 2022)

ROBERTA HAWA BAWA VRS EVANS YAO AGBESI [2022] GHACC 334 (17 November 2022)

The respondent deserted the petitioner and children for more than two years, constituting desertion under the Matrimonial Causes Act, and the marriage has broken down beyond reconciliation. The welfare of the children requires that custody be granted to the petitioner, their mother, as the respondent has shown no interest in their upbringing.

Citation
[2022] GHACC 334
Parties
Petitioner: Roberta Hawa Bawa; Respondent: Evans Yao Agbesi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 November 2022
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Divorce, Child Custody, Child Maintenance, Desertion, Welfare Principle
Source Language
English
Family Law Divorce Child Custody Child Maintenance Desertion Welfare Principle

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Parties

Roberta Hawa Bawa

Petitioner

Evans Yao Agbesi

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether custody of the two children should be granted to the petitioner

Ratio Decidendi

The respondent deserted the petitioner and children for more than two years, constituting desertion under the Matrimonial Causes Act, and the marriage has broken down beyond reconciliation. The welfare of the children requires that custody be granted to the petitioner, their mother, as the respondent has shown no interest in their upbringing.

Court Disposition

petition granted

Orders

  • Decree of dissolution of marriage between the parties
  • Registrar to notify the church administrator to amend records