Uddin v Choudhury & Ors

Uddin v Choudhury & Ors

The trial judge was entitled to find, based on the evidence and expert opinion, that the gifts were absolute and not returnable, the dowry agreement was valid and enforceable, and the evidence of the bride and her family was more credible. There was no legal or factual basis to overturn these findings or to grant...

Source-derived case information.

Parties
Appellant: Mohammed Burhan Uddin; Respondent: Nazim Choudhury & Ors
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Civil / Renewed Application for Permission to Appeal and Extension of Time
Outcome
application refused
Legal Topics
Dowry, Gifts in Contemplation of Marriage, Enforceability of Marriage Agreements, Sharia Law in English Courts
Family Law Contract Law Dowry Gifts in Contemplation of Marriage Enforceability of Marriage Agreements Sharia Law in English Courts

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Parties

Mohammed Burhan Uddin

Appellant

Nazim Choudhury & Ors

Respondent

Procedural Posture

Civil / Renewed Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether gifts made in contemplation of marriage are returnable if the marriage fails
  2. 2 Whether the dowry (mehar) agreement is enforceable under Sharia and English law
  3. 3 Whether the trial judge erred in preferring the evidence of the bride and her family over the appellant

Ratio Decidendi

The trial judge was entitled to find, based on the evidence and expert opinion, that the gifts were absolute and not returnable, the dowry agreement was valid and enforceable, and the evidence of the bride and her family was more credible. There was no legal or factual basis to overturn these findings or to grant permission to appeal.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • Extension of time refused as appeal has no real prospect of success