Adri Vrs Yiadom [2023] GHADC 643 (9 May 2023)

Adri Vrs Yiadom [2023] GHADC 643 (9 May 2023)

The petitioner proved on a balance of probabilities that the respondent deserted her since 2018 and has no intention of resuming cohabitation, satisfying the statutory ground for divorce under section 2(1)(c) of Act 367. The respondent's failure to contest or cross-examine the petitioner's evidence further supports the finding that the marriage has broken down beyond reconciliation.

Citation
[2023] GHADC 643
Parties
Petitioner: Mary Adri; Respondent: Kofi Adarkwa Yiadom
Court
District Court
Jurisdiction
Ghana
Judgment Date
9 May 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition for divorce granted
Legal Topics
Divorce, Desertion, Matrimonial Causes, Burden of Proof
Source Language
English
Family Law Divorce Desertion Matrimonial Causes Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Mary Adri

Petitioner

Kofi Adarkwa Yiadom

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation due to desertion

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent deserted her since 2018 and has no intention of resuming cohabitation, satisfying the statutory ground for divorce under section 2(1)(c) of Act 367. The respondent's failure to contest or cross-examine the petitioner's evidence further supports the finding that the marriage has broken down beyond reconciliation.

Court Disposition

petition for divorce granted

Orders

  • Ordinance marriage between Mary Adri and Kofi Adarkwa Yiadom celebrated on 3rd September 1998 is dissolved.
  • Cancellation of the marriage certificate issued.