KWADU VRS DUKSON (A4/11/22) [2023] GHADC 967 (16 November 2023)

KWADU VRS DUKSON (A4/11/22) [2023] GHADC 967 (16 November 2023)

The marriage has broken down beyond reconciliation as the parties have not lived as man and wife for at least five years, have been separated for seven years, and respondent consents to the divorce. Sections 2(1)(d) and (e) of Act 367 are satisfied.

Citation
[2023] GHADC 967
Parties
Petitioner: Charles Wahab Kwadu per his lawful attorney Samuel Amihere; Respondent: Joyce Dukson
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 November 2023
Case Number
A4/11/22
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Child Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Child Custody Maintenance Matrimonial Property

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Parties

Charles Wahab Kwadu per his lawful attorney Samuel Amihere

Petitioner

Joyce Dukson

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Custody and maintenance arrangements for the child of the marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived as man and wife for at least five years, have been separated for seven years, and respondent consents to the divorce. Sections 2(1)(d) and (e) of Act 367 are satisfied.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Duplicate marriage certificate cancelled and divorce certificate to be issued to each party.
  • Custody of the child granted to the respondent with generous access to the petitioner.