BORTEY VRS SOUMANA (C5/43/2024) [2023] GHACC 698 (19 December 2023)

The marriage has broken down beyond reconciliation due to irreconcilable differences, specifically the respondent marrying a second wife, and is therefore dissolved under the Matrimonial Causes Act.

Citation: [2023] GHACC 698
Parties: Petitioner: Diana Bortey; Respondent: Harouna Soumana
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 19 December 2023
Case Number: C5/43/2024
Procedural Posture: Divorce Petition / Judgment
Outcome: marriage dissolved
Legal Topics: Dissolution of Marriage, Custody of Children, Matrimonial Property, Maintenance
Source Language: English

Family Law Dissolution of Marriage Custody of Children Matrimonial Property Maintenance

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Diana Bortey

Petitioner

Harouna Soumana

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

1 Whether the marriage has broken down beyond reconciliation under Section 2(1)(f) of the Matrimonial Causes Act 1971 (Act 367)
2 Custody and maintenance of children upon dissolution
3 Division of matrimonial property and compensation

Ratio Decidendi

The marriage has broken down beyond reconciliation due to irreconcilable differences, specifically the respondent marrying a second wife, and is therefore dissolved under the Matrimonial Causes Act.

Court Disposition

marriage dissolved

Orders

Registrar to cancel Marriage Certificate and issue Divorce Certificate
Custody of Nasara Harouna, Zikiya Harouna, and Ramadan Harouna granted to respondent