Boatemaa Vrs Antwi [2022] GHADC 215 (22 December 2022)
The petitioner established unreasonable behaviour by the respondent, which was not denied, and there was evidence of failed reconciliation. The marriage has therefore broken down beyond reconciliation, justifying dissolution. Custody and maintenance orders are made in the best interests of the children.
- Citation
- [2022] GHADC 215
- Parties
- Petitioner: Margaret Boatemaa; Respondent: George Antwi
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 22 December 2022
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition granted
- Legal Topics
- Divorce, Custody of Children, Maintenance, Matrimonial Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Margaret Boatemaa
Petitioner
George Antwi
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act 1971 (Act 367)
- 2 Whether the petitioner is entitled to custody of the children
- 3 Whether the respondent should pay maintenance and contribute to accommodation
Ratio Decidendi
The petitioner established unreasonable behaviour by the respondent, which was not denied, and there was evidence of failed reconciliation. The marriage has therefore broken down beyond reconciliation, justifying dissolution. Custody and maintenance orders are made in the best interests of the children.
Court Disposition
petition granted
Orders
- Marriage between the parties is dissolved and the certificate of marriage is cancelled.
- Custody of the children is granted to the petitioner with reasonable access to the respondent.
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