KRAH VRS OSEI (E6/5/23) [2023] GHADC 1116 (25 May 2023)

KRAH VRS OSEI (E6/5/23) [2023] GHADC 1116 (25 May 2023)

The marriage has broken down beyond reconciliation due to the respondent's unreasonable behaviour, abandonment, and lack of cohabitation for at least two years preceding the petition, with the respondent's consent to divorce established by evidence. The petitioner failed to prove dependency for maintenance arrears, but a lump sum financial provision is just and equitable given the circumstances.

Citation
[2023] GHADC 1116
Parties
Petitioner: Esther Krah; Respondent: John Osei
Court
District Court
Jurisdiction
Ghana
Judgment Date
25 May 2023
Case Number
E6/5/23
Procedural Posture
Matrimonial Cause (divorce Petition) / Judgment After Uncontested Trial
Outcome
Petition for divorce granted; marriage dissolved; partial financial relief awarded.
Legal Topics
Divorce, Maintenance, Financial Provision, Uncontested Proceedings
Source Language
English
Family Law Divorce Maintenance Financial Provision Uncontested Proceedings

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Parties

Esther Krah

Petitioner

John Osei

Respondent

Procedural Posture

Matrimonial Cause (divorce Petition) / Judgment After Uncontested Trial

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation under Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the petitioner is entitled to financial provision and maintenance

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the respondent's unreasonable behaviour, abandonment, and lack of cohabitation for at least two years preceding the petition, with the respondent's consent to divorce established by evidence. The petitioner failed to prove dependency for maintenance arrears, but a lump sum financial provision is just and equitable given the circumstances.

Court Disposition

Petition for divorce granted; marriage dissolved; partial financial relief awarded.

Orders

  • The marriage between the petitioner and respondent celebrated on 4th March 2017 is dissolved.
  • The respondent shall pay a lump sum of GHS 20,000.00 as financial settlement to the petitioner.