BOATENG VRS ASAMOAH (C4/01/24) [2024] GHACC 233 (11 July 2024)

BOATENG VRS ASAMOAH (C4/01/24) [2024] GHACC 233 (11 July 2024)

The marriage between the parties has broken down beyond reconciliation as evidenced by the cessation of cohabitation since 2017, mutual agreement to dissolve the marriage, and failure to live as husband and wife for more than five years. The petitioner did not prove adultery beyond reasonable doubt, but the statutory grounds for dissolution were met. The respondent's repeated absence from court constituted a waiver of her right to be heard, justifying dismissal of her cross-petition and granting of the petitioner's relief.

Citation
BOATENG VRS ASAMOAH (C4/01/24) [2024] GHACC 233 (11 July 2024)
Parties
Petitioner: Ernest Kusi Boateng; Respondent: Lydia Asamoah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
11 July 2024
Procedural Posture
Matrimonial/divorce / Final Judgment
Outcome
petition granted, cross-petition dismissed
Legal Topics
Divorce, Dissolution of Marriage, Matrimonial Causes, Maintenance, Custody
Source Language
eng
Family Law Divorce Dissolution of Marriage Matrimonial Causes Maintenance Custody

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Parties

Ernest Kusi Boateng

Petitioner

Lydia Asamoah

Respondent

Procedural Posture

Matrimonial/divorce / Final Judgment

Legal Issues

  1. 1 Whether the ordinance marriage between the parties had broken down beyond reconciliation

Ratio Decidendi

The marriage between the parties has broken down beyond reconciliation as evidenced by the cessation of cohabitation since 2017, mutual agreement to dissolve the marriage, and failure to live as husband and wife for more than five years. The petitioner did not prove adultery beyond reasonable doubt, but the statutory grounds for dissolution were met. The respondent's repeated absence from court constituted a waiver of her right to be heard, justifying dismissal of her cross-petition and granting of the petitioner's relief.

Court Disposition

petition granted, cross-petition dismissed

Orders

  • Marriage between petitioner and respondent dissolved.
  • No order as to costs.