Adu Vrs Ackon [2022] GHACC 125 (6 October 2022)

Adu Vrs Ackon [2022] GHACC 125 (6 October 2022)

The court found that the marriage had broken down beyond reconciliation under section 2(1)(b) and (f) of Act 367, based on the parties' mutual desire for dissolution and evidence of persistent unreasonable behaviour and inability to reconcile. The court also found that an increase in monthly child maintenance to GH¢1000 was reasonable given the circumstances, but dismissed claims for property share and alimony as those reliefs were withdrawn by the petitioner.

Citation
[2022] GHACC 125
Parties
Petitioner: Joyce Adu; Respondent: Samuel Ackon
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 October 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved; monthly child maintenance increased.
Legal Topics
Divorce, Matrimonial Property, Child Maintenance, Alimony
Source Language
English
Family Law Divorce Matrimonial Property Child Maintenance Alimony

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Parties

Joyce Adu

Petitioner

Samuel Ackon

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under section 2(1) of Act 367
  2. 2 Whether the respondent should pay more than GH¢500 per month for the upkeep of the children

Ratio Decidendi

The court found that the marriage had broken down beyond reconciliation under section 2(1)(b) and (f) of Act 367, based on the parties' mutual desire for dissolution and evidence of persistent unreasonable behaviour and inability to reconcile. The court also found that an increase in monthly child maintenance to GH¢1000 was reasonable given the circumstances, but dismissed claims for property share and alimony as those reliefs were withdrawn by the petitioner.

Court Disposition

Petition for divorce granted; marriage dissolved; monthly child maintenance increased.

Orders

  • Marriage between petitioner and respondent dissolved as of 06th October 2022.
  • Respondent to pay GH¢1000.00 per month for the upkeep of the three children.