HOSU VRS ABOAGYE (E6/10/22) [2022] GHAHC 140 (26 October 2022)

HOSU VRS ABOAGYE (E6/10/22) [2022] GHAHC 140 (26 October 2022)

The petitioner proved on a balance of probabilities that the respondent committed adultery and the marriage has broken down beyond reconciliation. The petitioner is entitled to dissolution of marriage, custody of the child, and maintenance.

Citation
[2022] GHAHC 140
Parties
Petitioner: Charity Aku Hosu; Respondent: Kingsley Aboagye
Court
High Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Case Number
E6/10/22
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Dissolution of Marriage, Custody of Child, Maintenance of Child, Adultery
Source Language
English
Family Law Dissolution of Marriage Custody of Child Maintenance of Child Adultery

Case Brief

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Parties

Charity Aku Hosu

Petitioner

Kingsley Aboagye

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation due to adultery
  2. 2 Whether the petitioner is entitled to custody of the child
  3. 3 Whether the respondent should pay maintenance for the child

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent committed adultery and the marriage has broken down beyond reconciliation. The petitioner is entitled to dissolution of marriage, custody of the child, and maintenance.

Court Disposition

petition granted

Orders

  • Marriage between Charity Aku Hosu and Kingsley Aboagye dissolved.
  • Full custody of Stephanie Aboagye Darkwah granted to the petitioner.