IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2019-485-751
[2020] NZHC 1049
BETWEEN RAHLA HUSSEIN AMIN HARDER ALMARZOOQI
PlaintiffAND
RAFID MOHAMMED SALIH
Defendant
Hearing: 20 March 2020 Counsel:
C T C Bell and R M Stoop for Plaintiff/Respondent M V Smith for Defendant/Applicant
Judgment:
20 May 2020
JUDGMENT OF ASSOCIATE JUDGE JOHNSTON
Introduction
[1] The plaintiff and respondent, Rahla Hussein Amin Harder Almarzooqi, sues the defendant and applicant, Rafid Mohammed Salih, seeking the recovery of a dowry.
[2] What is before the Court for determination at this stage is an application by Mr Salih pursuant to r 5.45 of the High Court Rules 2016 for an order for security for costs.
Background
[3] To a very large extent, the background to the proceeding and this application is common ground.
ALMARZOOQI v SALIH [2020] NZHC 1049 [20 May 2020]
[4] Ms Almarzooqi is a United Arab Emirates citizen, with New Zealand residency. Mr Salih is a citizen of both Iran and New Zealand. On 26 December 2013, the parties were married in the UAE under Islamic law. This involved them in entering into a contract of marriage, a translation of which is before the Court. Amongst other things, this provides that Mr Salih will pay Ms Almarzooqi a “prompt dowry” of 30,000 Dirhams (about $12,725) at the commencement of the marriage and a “deferred dowry” of 500,000 Dirhams (about $212,095) in the event of Mr Salih’s death or the parties’ divorce. For reasons that will become apparent, I mention that, on my reading of the contract, the obligation on Mr Salih’s part to pay the deferred dowry on divorce was not contingent upon separation or divorce being at his instigation.
[5] Mr Salih returned to New Zealand where he lives in January 2014. Ms Almarzooqi moved here to be with him in April 2014. The couple separated in May 2014, so the marriage lasted only five months and the couple only lived together for a month. In December 2015, Ms Almarzooqi travelled back to the UAE to apply for a divorce there. She filed her application on 2 February 2016.
[6] The UAE Court issued its judgment on 1 November 2016. A translation of this is before the Court. It is apparent that it was a default judgment, Mr Salih being treated as not having entered an appearance. The Court ordered Mr Salih to pay Ms Almarzooqi the deferred dowry of 500,000 Dirhams; 3,000 Dirhams for “alimony support”; and 7,500 Dirhams for “housing support”. Ms Almarzooqi arranged for the judgment to be served on Mr Salih here in New Zealand on 29 June 2017. At about the same time, Ms Almarzooqi also applied to the Family Court in this country for an order for the dissolution of the marriage, and such an order was made on 22 August 2017.
Ms Almarzooqi’s proceeding
[7] Against that background, Ms Almarzooqi sues Mr Salih and applies for summary judgment pursuant to pt 12…
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- Case
- [2020] NZHC 1049
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