Ghana Judgment

Circuit Court

VINCENT DACHIE VRS JOHN ARTHUR (C5/76/2022) [2023] GHACC 1065 (24 February 2023)

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Source document

01

Holding and result

The court found the marriage had broken down beyond reconciliation and granted dissolution. Custody of the children was awarded to the petitioner, with access to the respondent. Maintenance and financial orders were made based on the respondent's circumstances and the needs of the children.

Court disposition

petition allowed; marriage dissolved

Orders

  • Marriage between the parties is dissolved.
  • Custody of the three children granted to the petitioner.
  • Respondent granted access to the children.
  • Respondent to pay GH¢6000.00 owed to the petitioner.
  • Respondent to pay monthly maintenance of GH¢1000.00 for the three children until they reach maturity, with a 20% annual increase.
  • Maintenance payment to start from February 2023, payable by the 28th of each month.
  • Respondent to pay for the school fees of the children.
  • Parties to share health care costs for the children.
  • Cost of GH¢3000.00 awarded to the petitioner against the respondent.

02

Material facts

Parties

Vincentia Dashie

Petitioner

John Arthur

Respondent

Amounts and remedies

  • Amount Owed to Petitioner: GHS 6,000
  • Monthly Maintenance for Children: GHS 1,000
  • Annual Maintenance Increase Percentage: 20
  • Cost Awarded to Petitioner: GHS 3,000

03

Procedural history

  1. Posture

    Divorce / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The petitioner sought dissolution of marriage, custody of the children, and financial provision, stating the respondent was not working and she was taking care of him.
Respondent
The respondent did not file any process or appear before the court.

05

Court’s reasoning

  1. 01

    general family law principle

    A marriage that has broken down beyond reconciliation may be dissolved by the court.

  2. 02

    general family law principle

    Custody of children is determined in the best interests of the children.

06

Ratio, limits and disposition

Ratio decidendi

The court found the marriage had broken down beyond reconciliation and granted dissolution. Custody of the children was awarded to the petitioner, with access to the respondent. Maintenance and financial orders were made based on the respondent's circumstances and the needs of the children.

Court disposition

petition allowed; marriage dissolved

  • Marriage between the parties is dissolved.
  • Custody of the three children granted to the petitioner.
  • Respondent granted access to the children.
  • Respondent to pay GH¢6000.00 owed to the petitioner.
  • Respondent to pay monthly maintenance of GH¢1000.00 for the three children until they reach maturity, with a 20% annual increase.
  • Maintenance payment to start from February 2023, payable by the 28th of each month.
  • Respondent to pay for the school fees of the children.
  • Parties to share health care costs for the children.
  • Cost of GH¢3000.00 awarded to the petitioner against the respondent.

Source and reliance status

Circuit Court

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Judgment text

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Source document

Circuit Court

Judgment

[2023] GHACC 1065

IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON FRIDAY 24TH DAY OF FEBRUARY 2023 BEFORE HIS HONOUR KWABENA KODUA OBIRI-YEBOAH, CIRCUIT COURT JUDGE SUIT NO. C5/76/2022

VINCENTIA DASHIE VRS.

JOHN ARTHUR ======================================================= =======================================================

J U D G E M N T The Petitioner issued a petition from the registry of this court on the 20th October 2021 seeking dissolution of her marriage to the respondent, addition to other reliefs. The Respondent was served personally on the 1st of November 2021. However, since the Respondent was served over a year ago, he has not filed any process and he has also not made any appearance before the court. For the proceedings for today the Respondent was served by substituted service but the Respondent by this day again has refused to appear before the court. On this day the 24th February 2023 the court has conducted hearing and has had the opportunity to hear the Petitioner and the court came to the conclusion that the marriage which was celebrated between the parties at St. Dominic Catholic Church Taifa Accra on the 16th of May 2009 has broken down beyond reconciliation. Therefore, the marriage which was celebrated by the parties is hereby dissolved in favor of the Petitioner. There are three issues of marriage: Michael Attafuah Arthur (12 years), Mariama Mireku Arthur (10 years) and Marcella Kekeli Arthur (6 years). The custody of these children will be granted to the Petitioner and access to the children granted to the Respondent. Before the court the Petitioner indicated that the Respondent is not working, and she was taking care of the Respondent and the Respondent has not been

working for a while and therefore her relief for financial provision and maintenance for the Petitioner will not be granted. The Respondent will be ordered to pay GH¢6000.00 that he owes the Petitioner and monthly maintenance of GH¢1000.00 for the three (3) issues of the marriage until they all reach the age of maturity. Maintenance payment will start from the beginning of February 2023 and payment should be made by 28th of each month and there will be an annual increase of 20%. The Respondent is to pay for the school fees of the children and parties should share in taking care of the Health Care needs of the children. Cost of GH¢3000.00 in favour of the Petitioner against the Respondent. SGD HIS HONOUR KWABENA KODUA OBIRI- YEBOAH, CIRCUIT COURT JUDGE

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