QUARTEY VRS NUTSUGAH (A4/19/2016) [2024] GHADC 4 (12 February 2024)

QUARTEY VRS NUTSUGAH (A4/19/2016) [2024] GHADC 4 (12 February 2024)

The marriage has broken down beyond reconciliation due to unreasonable behaviour by the Petitioner, but not adultery. Custody of the children is awarded to the Petitioner based on continuity and welfare, with maintenance to be paid by the Respondent. Claims for damages, compensation, and costs by the Respondent are dismissed as not justified by the evidence or circumstances.

Citation
QUARTEY VRS NUTSUGAH (A4/19/2016) [2024] GHADC 4 (12 February 2024)
Parties
Petitioner: Mary Quartey; Respondent: Francis Nutsugah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Divorce/cross Petition / Final Judgment
Outcome
Decree of dissolution of marriage granted; custody of children to Petitioner; maintenance order against Respondent; no damages, compensation, or costs awarded to either party.
Legal Topics
Divorce, Custody of Children, Maintenance, Adultery, Unreasonable Behaviour, Damages, Compensation, Costs
Source Language
eng
Family Law Divorce Custody of Children Maintenance Adultery Unreasonable Behaviour Damages Compensation +1 more

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Parties

Mary Quartey

Petitioner

Francis Nutsugah

Respondent

Procedural Posture

Divorce/cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether custody of the children should be granted to the Respondent
  3. 3 Whether the Petitioner should be ordered to contribute towards the maintenance of the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to unreasonable behaviour by the Petitioner, but not adultery. Custody of the children is awarded to the Petitioner based on continuity and welfare, with maintenance to be paid by the Respondent. Claims for damages, compensation, and costs by the Respondent are dismissed as not justified by the evidence or circumstances.

Court Disposition

Decree of dissolution of marriage granted; custody of children to Petitioner; maintenance order against Respondent; no damages, compensation, or costs awarded to either party.

Orders

  • Marriage between parties dissolved; marriage certificate to be cancelled
  • Custody of children granted to Petitioner with reasonable access to Respondent