Osei Vrs Boateng [2022] GHADC 107 (31 December 2022)

Osei Vrs Boateng [2022] GHADC 107 (31 December 2022)

The marriage was dissolved as the Petitioner proved, on a balance of probabilities, that the Respondent's physical and verbal abuse constituted unreasonable behavior making it intolerable to continue the marriage. The Respondent failed to adduce evidence or challenge the Petitioner's claims. The Petitioner was found to be the real purchaser of the matrimonial property, justifying a 90:10 distribution. Custody and maintenance of the child were awarded to the Petitioner, with financial provision granted based on the Petitioner's sole support of the child.

Citation
[2022] GHADC 107
Parties
Petitioner: Clementina Konadu Osei; Respondent: Godwin Boateng
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 December 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved; cross-petition dismissed.
Legal Topics
Divorce, Custody, Matrimonial Property, Maintenance, Alimony
Source Language
English
Family Law Divorce Custody Matrimonial Property Maintenance Alimony

Case Brief

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Parties

Clementina Konadu Osei

Petitioner

Godwin Boateng

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Entitlement to custody and maintenance of the child
  3. 3 Distribution of matrimonial property

Ratio Decidendi

The marriage was dissolved as the Petitioner proved, on a balance of probabilities, that the Respondent's physical and verbal abuse constituted unreasonable behavior making it intolerable to continue the marriage. The Respondent failed to adduce evidence or challenge the Petitioner's claims. The Petitioner was found to be the real purchaser of the matrimonial property, justifying a 90:10 distribution. Custody and maintenance of the child were awarded to the Petitioner, with financial provision granted based on the Petitioner's sole support of the child.

Court Disposition

Petition allowed; marriage dissolved; cross-petition dismissed.

Orders

  • Dissolution of marriage between the parties.
  • Matrimonial property at Oyoko distributed 90:10 in favour of Petitioner.