QUARTEY VRS NUTSUGAH (A4/19/2016) [2024] GHADC 14 (12 February 2024)

QUARTEY VRS NUTSUGAH (A4/19/2016) [2024] GHADC 14 (12 February 2024)

The marriage has broken down beyond reconciliation due to unreasonable behavior by the Petitioner; Respondent failed to prove adultery. Custody awarded to Petitioner based on continuity and welfare of the children. Maintenance ordered against Respondent due to his greater financial stability. Claims for damages, compensation, and costs dismissed as neither party established entitlement.

Citation
QUARTEY VRS NUTSUGAH (A4/19/2016) [2024] GHADC 14 (12 February 2024)
Parties
Petitioner: Mary Quartey; Respondent: Francis Nutsugah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Cross Petition for Dissolution of Marriage / Final Judgment
Outcome
Marriage dissolved; custody to Petitioner; maintenance ordered; damages, compensation, and costs denied.
Legal Topics
Divorce, Custody, Maintenance, Damages, Compensation, Costs
Source Language
eng
Family Law Divorce Custody Maintenance Damages Compensation Costs

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Parties

Mary Quartey

Petitioner

Francis Nutsugah

Respondent

Procedural Posture

Cross Petition for Dissolution of Marriage / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the Respondent and the Petitioner has broken down beyond reconciliation
  2. 2 Whether custody of the children should be granted to the Respondent
  3. 3 Whether the Petitioner should be ordered to contribute towards the maintenance of the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to unreasonable behavior by the Petitioner; Respondent failed to prove adultery. Custody awarded to Petitioner based on continuity and welfare of the children. Maintenance ordered against Respondent due to his greater financial stability. Claims for damages, compensation, and costs dismissed as neither party established entitlement.

Court Disposition

Marriage dissolved; custody to Petitioner; maintenance ordered; damages, compensation, and costs denied.

Orders

  • Decree for dissolution of marriage celebrated on 31st January, 2009 at St. Mary’s Catholic Church, Samreboi; marriage certificate cancelled
  • Custody of children granted to Petitioner with reasonable access to Respondent