MARTHA JASMINE AMEGATCHER VRS BRIGHT KOFI BOACHIE YIADOM (c5/148/2023) [2023] GHACC 1081 (21 April 2023)
The marriage has broken down beyond reconciliation, justifying dissolution, and the petitioner is entitled to custody and maintenance orders.
Source-derived case information.
- Citation
- [2023] GHACC 1081
- Parties
- Petitioner: Martha Jasmine Amegatcher; Respondent: Bright Kofi Boachie Yiadom
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Case Number
- c5/148/2023
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- Petition allowed; marriage dissolved
- Legal Topics
- Divorce, Custody, Maintenance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Jasmine Amegatcher
Petitioner
Bright Kofi Boachie Yiadom
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation
- 2 Whether the petitioner is entitled to custody of the child
- 3 Whether the respondent should pay maintenance and educational expenses
Ratio Decidendi
The marriage has broken down beyond reconciliation, justifying dissolution, and the petitioner is entitled to custody and maintenance orders.
Court Disposition
Petition allowed; marriage dissolved
Orders
- Marriage dissolved
- Custody of the child granted to petitioner
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON FRIDAY, 21ST DAY OF APRIL 2023, BEFORE HIS HONOUR KWABENA KODUA OBIRI- YEBOAH, CIRCUIT COURT JUDGE SUIT: C5/148/2003 MARTHA JASMINE AMEGATCHER --- PETITIONER VS BRIGHT KOFI BOACHIE YIADOM --- RESPONDENT ========================================================================= J U D G E M E N T ========================================================================= The petitioner in this petition filed the petition in the registry of the circuit court on 18th January 2023 seeking dissolution of the marriage to the Respondent. The petitioner is an IT engineer and works at the airport in Accra and the Respondent is a Pastor. The parties after the marriage on the 13th December 2014 cohabited in Accra. And the ground for the divorce per the petitioner is that the Respondent has not been honest and truthful with her the petitioner from the very onset of the marriage. Also, the Respondent has refused all along to provide for the petitioner and their child and has refused to make every effort to raise resources to provide for the family. It is the case of the petitioner that the marriage has broken down beyond reconciliation. Since 2019 parties have been living apart and the Respondent is not interested in the marriage. The petitioner therefore seeks from the court the dissolution of the marriage, custody of the only issue of the marriage Nana Yaa Ohenewaa Boachie Yiadom and the Respondent granted access and other ancillary reliefs. The Respondent was served with the petition and has also been served with the processes but till date has not filed any process and he is absent from court today as well. The process continued and today the Petitioner was heard, and the court came to the conclusion that the marriage has broken down beyond reconciliation. Therefore, the marriage between the parties is hereby dissolved in favour of the Petitioner custody will of the issue will be granted to the petitioner and the Respondent granted access. The Respondent is to pay maintenance of GH₵1000.00 to the Petitioner and pay for the educational needs of the child. Petitioner is to take care of the health needs of the child together with the Respondent. No order as to lump sum payment and no order as to cost.