Dorinda Vrs Emmanuel [2023] GHADC 210 (6 April 2023)

Dorinda Vrs Emmanuel [2023] GHADC 210 (6 April 2023)

The marriage was not under the ordinance but was a customary marriage, already dissolved by the return of head drinks; the court cannot dissolve a non-existent ordinance marriage but can order alimony and child maintenance based on the evidence of services rendered and the needs of the child.

Citation
[2023] GHADC 210
Parties
Petitioner: Adoma Dorinda; Respondent: Kumi Emmanuel
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 April 2023
Procedural Posture
Family / Judgment
Outcome
Petition for dissolution of ordinance marriage dismissed as moot; alimony and child maintenance ordered.
Legal Topics
Dissolution of Marriage, Alimony, Child Custody, Child Maintenance, Customary Marriage
Source Language
English
Family Law Dissolution of Marriage Alimony Child Custody Child Maintenance Customary Marriage

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Parties

Adoma Dorinda

Petitioner

Kumi Emmanuel

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties was under the ordinance or customary law
  2. 2 Whether the court has jurisdiction to dissolve the marriage
  3. 3 Whether the petitioner is entitled to alimony

Ratio Decidendi

The marriage was not under the ordinance but was a customary marriage, already dissolved by the return of head drinks; the court cannot dissolve a non-existent ordinance marriage but can order alimony and child maintenance based on the evidence of services rendered and the needs of the child.

Court Disposition

Petition for dissolution of ordinance marriage dismissed as moot; alimony and child maintenance ordered.

Orders

  • Respondent to pay GH₵5,000.00 as alimony to petitioner.
  • Respondent to remit GH₵500.00 monthly for child upkeep.