Mensah Vrs Egyir [2022] GHADC 50 (28 November 2022)

Mensah Vrs Egyir [2022] GHADC 50 (28 November 2022)

The marriage has broken down beyond reconciliation, primarily due to the Petitioner’s conduct, including probable adultery. Both parties have not cohabited for over three years, and there is no trust. The best interest of the child requires custody to remain with the Petitioner.

Citation
[2022] GHADC 50
Parties
Petitioner: Faustina Mensah; Respondent: Francis Egyir
Court
District Court
Jurisdiction
Ghana
Judgment Date
28 November 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Custody of Children, Maintenance, Adultery
Source Language
English
Family Law Divorce Custody of Children Maintenance Adultery

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Parties

Faustina Mensah

Petitioner

Francis Egyir

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation as a result of the unreasonable behaviour of the Respondent
  2. 2 Whether or not the Petitioner has committed adultery

Ratio Decidendi

The marriage has broken down beyond reconciliation, primarily due to the Petitioner’s conduct, including probable adultery. Both parties have not cohabited for over three years, and there is no trust. The best interest of the child requires custody to remain with the Petitioner.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • Decree of divorce granted; marriage certificate cancelled.
  • Custody of the child granted to Petitioner with reasonable access to Respondent.