YEBOAH VRS GYAMFI (C4/05/23) [2023] GHACC 978 (18 May 2023)
The marriage is dissolved on the ground that the parties have not lived together as man and wife for two years immediately preceding the petition and the respondent consents, as established by unchallenged evidence and cross-petition.
- Citation
- [2023] GHACC 978
- Parties
- Petitioner: Janet Yeboah; Respondent: Gyamfi Joseph
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 18 May 2023
- Case Number
- C4/05/23
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- marriage dissolved
- Legal Topics
- Dissolution of Marriage, Child Custody, Maintenance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Janet Yeboah
Petitioner
Gyamfi Joseph
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under Section 2(1)(d) of the Matrimonial Causes Act, 1971 (Act 367)
- 2 Whether the parties have not lived together as husband and wife for two years immediately preceding the petition
- 3 Whether the petitioner is entitled to custody and maintenance of the child
Ratio Decidendi
The marriage is dissolved on the ground that the parties have not lived together as man and wife for two years immediately preceding the petition and the respondent consents, as established by unchallenged evidence and cross-petition.
Court Disposition
marriage dissolved
Orders
- Marriage between the parties is dissolved.
- Custody of the child is granted to the petitioner.
Full Case Text
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