Amoah Vrs Opoku [2023] GHACC 12 (27 January 2023)

Amoah Vrs Opoku [2023] GHACC 12 (27 January 2023)

The petitioner failed to establish grounds for nullity under section 13 of the Matrimonial Causes Act, as the law does not provide for nullity where the male respondent impregnates another woman before marriage. However, sufficient evidence of unreasonable behaviour by the respondent was established, making it unreasonable for the petitioner to continue living with him. The marriage has therefore broken down beyond reconciliation and is dissolved.

Citation
Amoah Vrs Opoku [2023] GHACC 12 (27 January 2023)
Parties
Petitioner: Abigail Yeboah Amoah; Respondent: Matthew Opoku
Court
ghacc
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Matrimonial Cause (nullity and Dissolution) / Judgment
Outcome
marriage dissolved
Legal Topics
Nullity of Marriage, Dissolution of Marriage, Matrimonial Causes, Unreasonable Behaviour
Source Language
eng
Family Law Nullity of Marriage Dissolution of Marriage Matrimonial Causes Unreasonable Behaviour

Case Brief

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Parties

Abigail Yeboah Amoah

Petitioner

Matthew Opoku

Respondent

Procedural Posture

Matrimonial Cause (nullity and Dissolution) / Judgment

Legal Issues

  1. 1 Whether the marriage is voidable and can be declared a nullity under section 13 of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the marriage has broken down beyond reconciliation and should be dissolved

Ratio Decidendi

The petitioner failed to establish grounds for nullity under section 13 of the Matrimonial Causes Act, as the law does not provide for nullity where the male respondent impregnates another woman before marriage. However, sufficient evidence of unreasonable behaviour by the respondent was established, making it unreasonable for the petitioner to continue living with him. The marriage has therefore broken down beyond reconciliation and is dissolved.

Court Disposition

marriage dissolved

Orders

  • The ordinance marriage between the parties is dissolved forthwith.
  • No order as to cost.