BANINI VRS BANINI (G/WJ/DG/A4/79/23) [2023] GHADC 1038 (10 October 2023)

BANINI VRS BANINI (G/WJ/DG/A4/79/23) [2023] GHADC 1038 (10 October 2023)

The petitioner proved on a balance of probabilities that the respondent behaved unreasonably, making it intolerable for the petitioner to continue the marriage, and the parties have been separated for over two years. The marriage is dissolved. Custody of the children is granted to the respondent with reasonable access to the petitioner, who is responsible for their maintenance.

Citation
[2023] GHADC 1038
Parties
Petitioner: Gideon Yaw Banini; Respondent: Jennifer Banini
Court
District Court
Jurisdiction
Ghana
Judgment Date
10 October 2023
Case Number
G/WJ/DG/A4/79/23
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Divorce, Child Custody, Maintenance, Burden of Proof
Source Language
English
Family Law Divorce Child Custody Maintenance Burden of Proof

Case Brief

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Parties

Gideon Yaw Banini

Petitioner

Jennifer Banini

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether custody of the issues of the marriage should be granted to respondent with reasonable access to the petitioner

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent behaved unreasonably, making it intolerable for the petitioner to continue the marriage, and the parties have been separated for over two years. The marriage is dissolved. Custody of the children is granted to the respondent with reasonable access to the petitioner, who is responsible for their maintenance.

Court Disposition

petition granted

Orders

  • Ordinance marriage between Gideon Yaw Banini and Jennifer Banini is dissolved.
  • Marriage certificate is cancelled and certificate of divorce to issue.