BERNICE ACQUAH VRS FELIX KWAME AMPONSAH [2024] GHACC 293 (7 October 2024)

BERNICE ACQUAH VRS FELIX KWAME AMPONSAH [2024] GHACC 293 (7 October 2024)

The respondent's conduct, including public humiliation and forcing the petitioner to sleep outside, constitutes behavior making it unreasonable for the petitioner to continue living with him. The marriage has therefore broken down beyond reconciliation under section 2(1)(b) of the Matrimonial Causes Act. Custody of the three-year-old child is awarded to the petitioner as it is in the child's best interest.

Citation
BERNICE ACQUAH VRS FELIX KWAME AMPONSAH [2024] GHACC 293 (7 October 2024)
Parties
Petitioner: Bernice Acquah; Respondent: Felix Kwame Amponsah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
7 October 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Divorce, Child Custody, Matrimonial Causes, Best Interest of the Child
Source Language
eng
Family Law Divorce Child Custody Matrimonial Causes Best Interest of the Child

Case Brief

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Parties

Bernice Acquah

Petitioner

Felix Kwame Amponsah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to custody of the child

Ratio Decidendi

The respondent's conduct, including public humiliation and forcing the petitioner to sleep outside, constitutes behavior making it unreasonable for the petitioner to continue living with him. The marriage has therefore broken down beyond reconciliation under section 2(1)(b) of the Matrimonial Causes Act. Custody of the three-year-old child is awarded to the petitioner as it is in the child's best interest.

Court Disposition

petition granted

Orders

  • Marriage between the parties is dissolved.
  • Custody of the child is granted to the petitioner with reasonable access to the respondent.