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ELIZABETH MAKU ANTWI VS ANTHONY ANTWI

2015

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP MRS MERLEY WOOD J

Areas of Law

  • Family Law

AI Generated Summary

This case involves a petition for divorce filed by the wife (Petitioner) against her husband (Respondent) on grounds of unreasonable behavior. The couple was married on May 30, 1993, and have two children. The Petitioner alleges physical abuse, abandonment, and adultery by the Respondent. They have lived apart for over ten years. The Respondent denies some allegations but agrees to the dissolution of the marriage. The court considered whether the marriage had broken down beyond reconciliation, as required by the Matrimonial Causes Act. The judge found the Petitioner's testimony credible and accepted her evidence for the breakdown of the marriage. The court was satisfied that the marriage had indeed broken down beyond reconciliation based on the fact that the parties had not lived together for over ten years, which is well beyond the five-year period specified in the Act. The court granted the following orders: 1. The marriage was decreed to be dissolved. 2. Custody of the children was granted to the Petitioner, with reasonable access given to the Respondent until the children reach 21 years of age or complete their further education. 3. The Respondent was ordered to continue paying maintenance for the children and be responsible for their educational and medical needs. 4. The Respondent was ordered to pay the Petitioner's legal fees. This case highlights the legal principles surrounding divorce in Ghana, particularly the grounds for dissolution of marriage and the considerations for child custody and support. It also emphasizes the importance of credible testimony and the court's role in determining the breakdown of a marriage beyond reconciliation.

JUDGMENT