ROSE ASOMANING VRS FREDERICK AGBASI (C5/118/21) [2022] GHACC 341 (20 October 2022)

ROSE ASOMANING VRS FREDERICK AGBASI (C5/118/21) [2022] GHACC 341 (20 October 2022)

The marriage has broken down beyond reconciliation as both parties and their families have dissolved the traditional marriage and failed to reconcile after diligent effort. Custody of both children is awarded to the petitioner as it is in their best interest, especially considering the special needs of the second child and the support available from the petitioner’s family. Maintenance is a joint responsibility, and the respondent is ordered to pay monthly maintenance and share school and medical expenses.

Citation
[2022] GHACC 341
Parties
Petitioner: Rose Asomaning; Respondent: Frederick Agbasi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 October 2022
Case Number
C5/118/21
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
Petition for divorce granted; marriage dissolved; custody of both children to petitioner; maintenance and cost orders issued.
Legal Topics
Divorce, Child Custody, Child Maintenance, Division of Property
Source Language
English
Family Law Divorce Child Custody Child Maintenance Division of Property

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Parties

Rose Asomaning

Petitioner

Frederick Agbasi

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Custody of the two children
  3. 3 Maintenance and financial responsibilities for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation as both parties and their families have dissolved the traditional marriage and failed to reconcile after diligent effort. Custody of both children is awarded to the petitioner as it is in their best interest, especially considering the special needs of the second child and the support available from the petitioner’s family. Maintenance is a joint responsibility, and the respondent is ordered to pay monthly maintenance and share school and medical expenses.

Court Disposition

Petition for divorce granted; marriage dissolved; custody of both children to petitioner; maintenance and cost orders issued.

Orders

  • Marriage celebrated on 27th July 2012 is dissolved and marriage certificate cancelled.
  • Registrar to notify Marriage Registrar of cancellation.