Felix Oppong Adams Vrs Rebecca Obenewaa Obeng [2022] GHADC 269 (15 December 2022)

Felix Oppong Adams Vrs Rebecca Obenewaa Obeng [2022] GHADC 269 (15 December 2022)

The marriage has broken down beyond reconciliation as the parties have not lived as husband and wife for over two years and both consent to divorce. The Petitioner failed to prove most allegations of unreasonable behavior but some conduct by the Respondent was found unreasonable. The property at Community 25 is not joint property as it was acquired before marriage and solely by the Petitioner. The Respondent is entitled to one vehicle acquired during the marriage and financial provision. Custody of the child is granted to the Respondent in the child’s best interest, with reasonable access to the Petitioner.

Citation
[2022] GHADC 269
Parties
Petitioner: Felix Oppong Adams; Respondent: Rebecca Obenewa Obeng
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for dissolution of marriage granted; marriage dissolved.
Legal Topics
Divorce, Custody of Children, Division of Matrimonial Property, Maintenance, Alimony
Source Language
English
Family Law Divorce Custody of Children Division of Matrimonial Property Maintenance Alimony

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Parties

Felix Oppong Adams

Petitioner

Rebecca Obenewa Obeng

Respondent

Procedural Posture

Divorce Petition / 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 between the parties has broken down beyond reconciliation
  3. 3 Whether custody of the child of the marriage should be granted to the Petitioner or the Respondent

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived as husband and wife for over two years and both consent to divorce. The Petitioner failed to prove most allegations of unreasonable behavior but some conduct by the Respondent was found unreasonable. The property at Community 25 is not joint property as it was acquired before marriage and solely by the Petitioner. The Respondent is entitled to one vehicle acquired during the marriage and financial provision. Custody of the child is granted to the Respondent in the child’s best interest, with reasonable access to the Petitioner.

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved.

Orders

  • Custody of Jesse Oduro Adams granted to the Respondent with reasonable access to the Petitioner
  • Petitioner to pay monthly maintenance of GH¢500.00 for the child