Arif v Anwar & Ors

Arif v Anwar & Ors

The court granted the wife leave to enforce maintenance arrears older than 12 months, finding no significant change in circumstances and that the husband's bankruptcy did not affect his obligations or lifestyle. The husband's application to remit arrears was adjourned due to procedural delay. The court found the husband in contempt for non-payment, determined he had access to greater resources than disclosed, and imposed a Hadkinson order barring him from pursuing variation/remission unless a lump sum of £25,000 was paid and school fees complied with. Costs of £10,000 were awarded to the wife.

Parties
Petitioner: Sofia Arif; 1st Respondent: Arif Anwar; 2nd Respondent: Raziz Rehan; Intervener (trustee in Bankruptcy for the First Respondent): Richard Hicken
Jurisdiction
England and Wales
Judgment Date
14 March 2014
Procedural Posture
Family (matrimonial) / Ruling on Enforcement of Maintenance, Variation/remission Application, and Costs
Outcome
Wife granted leave to enforce all arrears; husband's application to remit adjourned; Hadkinson order imposed; costs awarded to wife.
Legal Topics
Maintenance Pending Suit, Enforcement of Maintenance Orders, Hadkinson Order, Bankruptcy and Family Proceedings, Costs Orders
Family Law Bankruptcy Maintenance Pending Suit Enforcement of Maintenance Orders Hadkinson Order Bankruptcy and Family Proceedings Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Sofia Arif

Petitioner

Arif Anwar

1st Respondent

Raziz Rehan

2nd Respondent

Richard Hicken

Intervener (trustee in Bankruptcy for the First Respondent)

Procedural Posture

Family (matrimonial) / Ruling on Enforcement of Maintenance, Variation/remission Application, and Costs

Legal Issues

  1. 1 Whether the wife should be granted leave to enforce maintenance arrears older than 12 months
  2. 2 Whether the husband's application to remit arrears should be entertained despite procedural delay
  3. 3 Whether a Hadkinson order should be imposed on the husband for non-compliance

Ratio Decidendi

The court granted the wife leave to enforce maintenance arrears older than 12 months, finding no significant change in circumstances and that the husband's bankruptcy did not affect his obligations or lifestyle. The husband's application to remit arrears was adjourned due to procedural delay. The court found the husband in contempt for non-payment, determined he had access to greater resources than disclosed, and imposed a Hadkinson order barring him from pursuing variation/remission unless a lump sum of £25,000 was paid and school fees complied with. Costs of £10,000 were awarded to the wife.

Court Disposition

Wife granted leave to enforce all arrears; husband's application to remit adjourned; Hadkinson order imposed; costs awarded to wife.

Orders

  • Wife granted leave to enforce maintenance arrears accruing before 12 months prior to her application.
  • Husband's application to remit arrears adjourned to a date to be fixed.