Josephine Martei Vrs Francis Commey [2023] GHACC 178 (5 May 2023)

Josephine Martei Vrs Francis Commey [2023] GHACC 178 (5 May 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for at least fifteen years, and the respondent has abandoned the petitioner and failed to participate in the proceedings.

Citation
[2023] GHACC 178
Parties
Petitioner: Josephine Martei; Respondent: Francis Commey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 May 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition for divorce granted
Legal Topics
Divorce, Matrimonial Causes, Breakdown of Marriage, Desertion
Source Language
English
Family Law Divorce Matrimonial Causes Breakdown of Marriage Desertion

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Parties

Josephine Martei

Petitioner

Francis Commey

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for at least fifteen years, and the respondent has abandoned the petitioner and failed to participate in the proceedings.

Court Disposition

petition for divorce granted

Orders

  • Decree for dissolution of the ordinance marriage celebrated between the petitioner and respondent at International Central Gospel Church, ICGC Biden Powell Branch on 2nd January, 1993.
  • Registrar to cancel the authenticated copy of the marriage certificate number ICGC 141-93.