Manjra v Shaikh

The judge erred by continuing the non-molestation order indefinitely without proper factual analysis or justification, and by applying the wrong legal test focused on inconvenience to the husband rather than necessity for protection; the appeal is allowed and the application for discharge is remitted for a re-hearing with directions for evidence.

Parties: Appellant: Yunus Manjra; Respondent: Rehma Shaikh
Jurisdiction: England and Wales
Judgment Date: 08 July 2020
Procedural Posture: Family Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Non Molestation Orders, Domestic Abuse, Duration of Injunctions, Appeal Procedure

Family Law Non Molestation Orders Domestic Abuse Duration of Injunctions Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2

Parties

Yunus Manjra

Appellant

Rehma Shaikh

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

1 Whether a non-molestation order should be discharged after three years with no evidence of breach or ongoing risk
2 Whether indefinite non-molestation orders are permissible and appropriate under Family Law Act 1996
3 Whether the judge applied the correct legal test in refusing discharge of the order

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Application for discharge of the 2016 non-molestation order remitted to Central Family Court for re-hearing before a Circuit Judge.
Non-molestation order to continue until further order.