Man avoids paying his ex dowry

ANew Zealand man has avoided paying a $212,000 dowry to his ex-wife after the High Court ruled United Arab Emirates’ marriage laws did not apply here.

United Arab Emirates woman Rahla Almarzooqi and her exhusband Rafid Salih met on an online Islamic dating site in 2010 when Almarzooqi was living in Australia and Salih was living in New Zealand.

In 2013, Almarzooqi visited Salih in New Zealand and the pair embarked on a relationship.

In December that year they were married in Dubai in accordance with Islamic/Sharia law.

Their contract of marriage, the Nikah, dictated that Salih would pay Almarzooqi a “prompt dowry” of about $12,725 at the commencement of the marriage and a “deferred dowry” (the Mahr) of about $212,095 if they divorced.

By May 2014, Almarzooqi and Salih had separated after living together in New Zealand for a period.

Almarzooqi returned to Dubai in December 2015 to apply for a divorce which was “properly served” to Salih in New Zealand, according to the High Court judgment.

Salih tried to file papers in response to the divorce application in the Dubai court but they were not accepted because he had to appear in Dubai personally or through a lawyer. Salih refused to do both.

In November 2016, the Dubai court granted Almarzooqi’s divorce and ordered Salih to pay the $212,095 as well as alimony and housing support.

A copy of the Dubai judgment was served in New Zealand on Salih on June 29, 2017. Soon after Almarzooqi took her case to the High Court.

In the High court judgment Associate Judge Johnston concluded “the Dubai court did not have jurisdiction” in New Zealand. “New Zealand courts have not yet — as far as I am aware — enforced a foreign judgment such as this concerning Islamic traditions around marriage and divorce.”

Almarzooqi then appealed the decision in the Court of Appeal.

But the Court of Appeal agreed that the jurisdiction did not exist and agreed with High Court Associate Judge Johnston that Salih did not have to pay the money.

Almarzooqi and Salih both currently live in New Zealand.