Acquah Vrs. Acquah (A4/16/2022) [2022] GHADC 398 (14 October 2022)

Acquah Vrs. Acquah (A4/16/2022) [2022] GHADC 398 (14 October 2022)

The marriage has broken down beyond reconciliation due to respondent's infidelity and parties living apart for over five years; petitioner is not the father of the second child; custody of the child is granted to the respondent based on the welfare principle; petitioner to pay maintenance and financial settlement.

Citation
[2022] GHADC 398
Parties
Petitioner: David Fiifi Acquah; Respondent: Martha Esinam Acquah
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 October 2022
Case Number
A4/16/2022
Procedural Posture
Divorce / Final Judgment
Outcome
Marriage dissolved; both petition and cross petition succeed in part.
Legal Topics
Dissolution of Marriage, Child Custody, Maintenance, Financial Provision, Paternity
Source Language
English
Family Law Dissolution of Marriage Child Custody Maintenance Financial Provision Paternity

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Parties

David Fiifi Acquah

Petitioner

Martha Esinam Acquah

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner is the father of the second child, Bonaventure Acquah
  3. 3 Which party is entitled to custody of the issues of the marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation due to respondent's infidelity and parties living apart for over five years; petitioner is not the father of the second child; custody of the child is granted to the respondent based on the welfare principle; petitioner to pay maintenance and financial settlement.

Court Disposition

Marriage dissolved; both petition and cross petition succeed in part.

Orders

  • Custody of Jeffery Kojo Gyan Acquah granted to respondent with reasonable access to petitioner on holidays and weekends.
  • Petitioner to pay GH₵600.00 monthly maintenance for the child.