Borbin Vrs Anderson [2022] GHADC 147 (1 December 2022)

Borbin Vrs Anderson [2022] GHADC 147 (1 December 2022)

The marriage has broken down beyond reconciliation due to persistent disputes, separation for two years, and inability to live together. Custody of the child is granted to the mother as it is in the best interest of the child, considering her age, emotional and psychological needs, and the inadequacy of the current living arrangements with the Respondent's relatives. Maintenance and educational expenses are apportioned to ensure the child's welfare.

Citation
[2022] GHADC 147
Parties
Petitioner: Cynthia Borbin; Respondent: Samuel Anderson
Court
District Court
Jurisdiction
Ghana
Judgment Date
1 December 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Marriage dissolved; custody of child granted to Petitioner; maintenance and educational orders made; no order as to costs.
Legal Topics
Divorce, Custody, Maintenance, Child Welfare
Source Language
English
Family Law Child Law Divorce Custody Maintenance Child Welfare

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Parties

Cynthia Borbin

Petitioner

Samuel Anderson

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Custody of the child
  3. 3 Maintenance and welfare of the child

Ratio Decidendi

The marriage has broken down beyond reconciliation due to persistent disputes, separation for two years, and inability to live together. Custody of the child is granted to the mother as it is in the best interest of the child, considering her age, emotional and psychological needs, and the inadequacy of the current living arrangements with the Respondent's relatives. Maintenance and educational expenses are apportioned to ensure the child's welfare.

Court Disposition

Marriage dissolved; custody of child granted to Petitioner; maintenance and educational orders made; no order as to costs.

Orders

  • Marriage between the parties dissolved.
  • Custody of the child granted to the Petitioner with reasonable access to the Respondent.