Agyemang Vrs. Adu (A4/10/2023) [2023] GHADC 985 (30 March 2023)

Agyemang Vrs. Adu (A4/10/2023) [2023] GHADC 985 (30 March 2023)

The conduct of both parties constituted unreasonable behaviour beyond the normal wear and tear of married life, resulting in a breakdown of companionship and trust, and irreconcilable differences. The petitioner proved facts under section 2(1)(b) and (f) of Act 367, showing the marriage had broken down beyond reconciliation.

Citation
[2023] GHADC 985
Parties
Petitioner: Anita Achiaa Agyemang; Respondent: Michael Yaw Adu
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 March 2023
Case Number
A4/10/2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Custody of Children, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody of Children Maintenance Matrimonial Property

Case Brief

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Parties

Anita Achiaa Agyemang

Petitioner

Michael Yaw Adu

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation

Ratio Decidendi

The conduct of both parties constituted unreasonable behaviour beyond the normal wear and tear of married life, resulting in a breakdown of companionship and trust, and irreconcilable differences. The petitioner proved facts under section 2(1)(b) and (f) of Act 367, showing the marriage had broken down beyond reconciliation.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Marriage between the parties is dissolved as having broken down beyond reconciliation.
  • Custody of the two children is granted to the petitioner with reasonable access to the respondent, including fortnightly weekend access.