Dominic Asante Vrs Octovia Ann Poku Agyemang [2022] GHADC 245 (15 December 2022)

Dominic Asante Vrs Octovia Ann Poku Agyemang [2022] GHADC 245 (15 December 2022)

The Petitioner proved on a balance of probabilities that the Respondent's unreasonable behaviour made continued cohabitation impossible and that the marriage had broken down beyond reconciliation, with no evidence to the contrary from the Respondent.

Citation
[2022] GHADC 245
Parties
Petitioner: Dominic Asante; Respondent: Octovia Ann Poku Agyemang
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Custody, Maintenance, Burden of Proof, Unreasonable Behaviour
Source Language
English
Family Law Divorce Custody Maintenance Burden of Proof Unreasonable Behaviour

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Parties

Dominic Asante

Petitioner

Octovia Ann Poku Agyemang

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether there is unreasonable behavior on the part of the Respondent such that the Petitioner cannot reasonably be expected to live with her
  2. 2 Whether the marriage has broken down beyond reconciliation

Ratio Decidendi

The Petitioner proved on a balance of probabilities that the Respondent's unreasonable behaviour made continued cohabitation impossible and that the marriage had broken down beyond reconciliation, with no evidence to the contrary from the Respondent.

Court Disposition

petition granted; marriage dissolved

Orders

  • Custody of the child Myles Kobby Asante granted to the Respondent with reasonable access to the Petitioner
  • Petitioner to pay monthly maintenance of GH¢500.00 for the child