JAMES SUBREH VRS JUDITH SUBREH (C5/87/2020) [2022] GHACC 340 (13 October 2022)

JAMES SUBREH VRS JUDITH SUBREH (C5/87/2020) [2022] GHACC 340 (13 October 2022)

The marriage has broken down beyond reconciliation due to the parties' inability to resolve their differences after diligent effort. Custody of the children is granted to the petitioner with reasonable access to the respondent, based on the welfare principle. The respondent is ordered to provide accommodation and maintenance for the children, and to pay a financial settlement to the petitioner, considering the parties' financial circumstances and contributions.

Citation
[2022] GHACC 340
Parties
Respondent: James Subreh; Petitioner: Judith Subreh
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 October 2022
Case Number
C5/87/2020
Procedural Posture
Divorce / Final Judgment
Outcome
Petition allowed; marriage dissolved; reliefs granted in part.
Legal Topics
Divorce, Child Custody, Maintenance, Financial Settlement
Source Language
English
Family Law Divorce Child Custody Maintenance Financial Settlement

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Parties

James Subreh

Respondent

Judith Subreh

Petitioner

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Custody of the children and access
  3. 3 Provision of accommodation and maintenance for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the parties' inability to resolve their differences after diligent effort. Custody of the children is granted to the petitioner with reasonable access to the respondent, based on the welfare principle. The respondent is ordered to provide accommodation and maintenance for the children, and to pay a financial settlement to the petitioner, considering the parties' financial circumstances and contributions.

Court Disposition

Petition allowed; marriage dissolved; reliefs granted in part.

Orders

  • Decree of dissolution of marriage; marriage certificate cancelled and notice to church administrator.
  • Custody of children to petitioner with reasonable access to respondent until children turn 18.