MENSAH VRS ASARE (C5/31/23) [2023] GHACC 805 (22 September 2023)

MENSAH VRS ASARE (C5/31/23) [2023] GHACC 805 (22 September 2023)

The marriage has broken down beyond reconciliation due to irreconcilable differences and unreasonable behaviour by the respondent, with failed reconciliation attempts and the respondent's non-participation indicating consent to the divorce.

Citation
[2023] GHACC 805
Parties
Petitioner: Bernard Asane Mensah; Respondent: Gifty Asare
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 September 2023
Case Number
C5/31/23
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Irreconcilable Differences, Unreasonable Behaviour, Burden of Proof
Source Language
English
Family Law Divorce Irreconcilable Differences Unreasonable Behaviour Burden of Proof

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Parties

Bernard Asane Mensah

Petitioner

Gifty Asare

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation

Ratio Decidendi

The marriage has broken down beyond reconciliation due to irreconcilable differences and unreasonable behaviour by the respondent, with failed reconciliation attempts and the respondent's non-participation indicating consent to the divorce.

Court Disposition

petition granted; marriage dissolved

Orders

  • The ordinance marriage celebrated and contracted on 24/11/2018 between the parties is hereby dissolved.
  • The petitioner shall present the original copy of the marriage certificate to the registrar of the court for cancellation.