ASIBIGA VRS ATIA (UE/BG/DC/A4/3/2023) [2024] GHADC 37 (27 March 2024)

ASIBIGA VRS ATIA (UE/BG/DC/A4/3/2023) [2024] GHADC 37 (27 March 2024)

The marriage has broken down beyond reconciliation as both parties have been unable to reconcile their differences after diligent efforts. The petitioner failed to prove unreasonable behaviour by the respondent. Custody of the children is granted to the respondent, with the petitioner having access, based on the best interests of the children. The respondent is ordered to pay compensation and maintenance arrears to the petitioner for expenses incurred in caring for the children and as financial settlement.

Citation
ASIBIGA VRS ATIA (UE/BG/DC/A4/3/2023) [2024] GHADC 37 (27 March 2024)
Parties
Petitioner: Agnes Asibiga; Respondent: Mathew Atia
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 March 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Child Custody, Child Maintenance, Alimony, Property Settlement
Source Language
eng
Family Law Divorce Child Custody Child Maintenance Alimony Property Settlement

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Parties

Agnes Asibiga

Petitioner

Mathew Atia

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the respondent has behaved in a way that the petitioner cannot reasonably be expected to live with him
  3. 3 Whether the parties have been unable to reconcile their differences after diligent efforts

Ratio Decidendi

The marriage has broken down beyond reconciliation as both parties have been unable to reconcile their differences after diligent efforts. The petitioner failed to prove unreasonable behaviour by the respondent. Custody of the children is granted to the respondent, with the petitioner having access, based on the best interests of the children. The respondent is ordered to pay compensation and maintenance arrears to the petitioner for expenses incurred in caring for the children and as financial settlement.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Marriage between petitioner and respondent dissolved.
  • Respondent to pay petitioner GHC35,000.00 as compensation for care of children from 2018 to April 2023.