BETTY ERICA LUTTERODT VRS THEOPHILUS ACQUAH (C11/36/2023) [2023] GHACC 1119 (26 July 2023)

BETTY ERICA LUTTERODT VRS THEOPHILUS ACQUAH (C11/36/2023) [2023] GHACC 1119 (26 July 2023)

The marriage is dissolved on the ground that the parties could not live as husband and wife for two years preceding the petition, evidencing irretrievable breakdown under Section 2(1)d of the Matrimonial Causes Act, Act 367.

Citation
[2023] GHACC 1119
Parties
Petitioner: Betty Erica Lutterodt; Respondent: Theophilus Acquah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 July 2023
Case Number
C11/36/2023
Procedural Posture
Matrimonial Cause (divorce) / Final Judgment
Outcome
marriage dissolved; custody of child granted to petitioner; no order as to costs
Legal Topics
Divorce, Custody, Unreasonable Behaviour, Adultery
Source Language
English
Family Law Divorce Custody Unreasonable Behaviour Adultery

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Parties

Betty Erica Lutterodt

Petitioner

Theophilus Acquah

Respondent

Procedural Posture

Matrimonial Cause (divorce) / Final Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under Section 2(1)d of the Matrimonial Causes Act, Act 367
  2. 2 Whether the petitioner is entitled to dissolution of marriage and custody of the child

Ratio Decidendi

The marriage is dissolved on the ground that the parties could not live as husband and wife for two years preceding the petition, evidencing irretrievable breakdown under Section 2(1)d of the Matrimonial Causes Act, Act 367.

Court Disposition

marriage dissolved; custody of child granted to petitioner; no order as to costs

Orders

  • Marriage between petitioner and respondent is dissolved under Section 1(2) of the Matrimonial Causes Act, Act 367.
  • Custody of the child is granted to the petitioner.