CCD/C4/27/23 (CCD/C4/27/23) [2023] GHACC 771 (7 November 2023)

CCD/C4/27/23 (CCD/C4/27/23) [2023] GHACC 771 (7 November 2023)

The petitioner established that the parties have not lived as husband and wife for a continuous period of at least five years, and the respondent deserted the marriage. The marriage has therefore broken down beyond reconciliation and is dissolved. Custody of the child is granted to the respondent with reasonable...

Source-derived case information.

Citation
[2023] GHACC 771
Parties
Petitioner: Daniel Nii Amo Quarshie; Respondent: Isaac Kofi Arthur
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 November 2023
Case Number
CCD/C4/27/23
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Child Custody, Child Maintenance
Source Language
english
Family Law Divorce Child Custody Child Maintenance

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Parties

Daniel Nii Amo Quarshie

Petitioner

Isaac Kofi Arthur

Respondent

Procedural Posture

Divorce Petition / Final 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 petitioner is entitled to dissolution of marriage
  3. 3 Custody and maintenance of the child of the marriage

Ratio Decidendi

The petitioner established that the parties have not lived as husband and wife for a continuous period of at least five years, and the respondent deserted the marriage. The marriage has therefore broken down beyond reconciliation and is dissolved. Custody of the child is granted to the respondent with reasonable access to the petitioner, who is responsible for maintenance.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Marriage between the parties celebrated on 24th September, 2016 is dissolved.
  • Respondent shall have custody of the child with reasonable access to the petitioner during school vacations and upon adequate notice.