Arif Hussain v Saima Hussain

JurisdictionEngland & Wales
JudgeMr Justice Cohen
Judgment Date03 February 2021
Neutral Citation[2021] EWFC 13
Docket NumberNos. 2019/0053 & BV16D22276
CourtFamily Court
Date03 February 2021

[2021] EWFC 13

IN THE FAMILY COURT SITTING

AT THE ROYAL COURTS OF JUSTICE

On appeal from the Central Family Court

Royal Courts of Justice

Strand

London, WC2A 2LL

Before:

Mr Justice Cohen

Nos. 2019/0053 & BV16D22276

Between:
Arif Hussain
Applicant
and
Saima Hussain
Respondent

Mr S. Kumar (Counsel) appeared on behalf of the Applicant Husband.

Mr P. Squire (Counsel) appeared on behalf of the Respondent Wife.

Mr Justice Cohen
1

I am today dealing with an application by Mr Hussain, the former husband (“the husband”), for permission to appeal out of time an order made in financial remedy proceedings by HHJ Hess in the Central Family Court as long ago as 24 January 2018. A notice of appeal was not filed until a date in March 2019, and so this application is massively out of time. I do not regard the husband's reasons or explanation for the delay as satisfactory and I would have unhesitatingly dismissed this application, but for one matter.

2

In her Form E, Mrs Hussain, the former wife (“the wife”), described the matrimonial home in Slough as being worth £250,000 and subject to a mortgage of £100,000. The husband did not file a Form E and did not engage in the proceedings, so her assertion went unchallenged. The order of the judge provided for a clean break upon payment of a lump sum of £125,000, being nearly all the assumed equity, with a sale in default of that sum being produced.

3

In May 2019, the husband did file a Form E in support of his appeal, long after the proceedings had finished, in which he asserted that the mortgage was just under £200,000, and indeed he has produced documentary evidence which shows that four months after...

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