Fosu Vrs Fosu [2022] GHACC 127 (6 December 2022)

Fosu Vrs Fosu [2022] GHACC 127 (6 December 2022)

The DNA evidence excluded the petitioner as the biological father of the second child, supporting the petitioner's claim of adultery. The respondent failed to rebut this evidence. The marriage was found to have broken down beyond reconciliation under section 2(1)(a) of Act 367, warranting dissolution.

Citation
[2022] GHACC 127
Parties
Petitioner: Solomon Fosu; Respondent: Lily Fosu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 December 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Adultery, Burden of Proof, DNA Evidence, Child Maintenance
Source Language
English
Family Law Divorce Adultery Burden of Proof DNA Evidence Child Maintenance

Case Brief

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Parties

Solomon Fosu

Petitioner

Lily Fosu

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under section 2(1) of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the respondent committed adultery
  3. 3 Whether the petitioner is the biological father of the second child

Ratio Decidendi

The DNA evidence excluded the petitioner as the biological father of the second child, supporting the petitioner's claim of adultery. The respondent failed to rebut this evidence. The marriage was found to have broken down beyond reconciliation under section 2(1)(a) of Act 367, warranting dissolution.

Court Disposition

petition granted; marriage dissolved

Orders

  • Marriage between the parties is dissolved as of 06th December 2022; parties are no longer husband and wife.
  • No compensation/alimony awarded to respondent.