ARTHUR VRS ARTHUR (CCD/C4/34/23) [2023] GHACC 776 (17 October 2023)

ARTHUR VRS ARTHUR (CCD/C4/34/23) [2023] GHACC 776 (17 October 2023)

The respondent's conduct, including desertion, accusations of barrenness, and disrespect towards the petitioner's family, constitutes unreasonable behaviour under section 2(1)(b) of Act 367. The parties have also been separated for over two years and both consent to the dissolution. The marriage has broken down beyond reconciliation and is dissolved.

Citation
[2023] GHACC 776
Parties
Petitioner: Mrs Ruby Arthur; Respondent: Isaac Kofi Arthur
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 October 2023
Case Number
CCD/C4/34/23
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Unreasonable Behaviour, Separation
Source Language
English
Family Law Divorce Matrimonial Causes Unreasonable Behaviour Separation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mrs Ruby Arthur

Petitioner

Isaac Kofi Arthur

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 Whether the conduct of the respondent amounts to unreasonable behaviour justifying dissolution of marriage

Ratio Decidendi

The respondent's conduct, including desertion, accusations of barrenness, and disrespect towards the petitioner's family, constitutes unreasonable behaviour under section 2(1)(b) of Act 367. The parties have also been separated for over two years and both consent to the dissolution. The marriage has broken down beyond reconciliation and is dissolved.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage celebrated between the parties under the Marriage Ordinance at the Accra Metropolitan Assembly, Accra on 18th December, 2015 is dissolved as of 17th October 2023.
  • No orders as to costs.