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28-Sep-07

START DATE

END DATE

1/4/2008

Sayed Begum Arshad v. Syed Arshad

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

DIVORCE JURISDICTION

The Hon. Mrs. Norma Wade-Miller

Georgia Marshall (Petitioner's lawyer)

Dr. Syed Arshad (Respondent represented himself)

FACTS OF THE CASE:

The Wife filed for divorce and sought spousal and child maintenance after a 27-year marriage. The parties, both Indian citizens, had moved to Bermuda in 2004 for the Husband?s employment as an ophthalmologist. The Wife, a homemaker, sought financial provision after separation. The Court had to determine an appropriate maintenance order considering the Husband?s earnings and the Wife?s financial needs

SUMMARY:

(1) Should the Wife receive spousal maintenance despite being financially dependent for 27 years? (2) Should the Husband pay for the son?s education and living expenses? (3) Was a lump sum justified to provide the Wife housing stability?

OUTCOMES:

The Wife was awarded monthly maintenance and a lump sum for accommodation; the Husband was held responsible for ongoing education costs of the son.

RULED IN FAVOUR OF:

Sayeda Begum Arshad (Plaintiff)

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Sayed Begum Arshad v. Syed Arshad

The Wife filed for divorce and sought spousal and child maintenance after a 27-year marriage. The parties, both Indian citizens, had moved to Bermuda in 2004 for the Husband?s employment as an ophthalmologist. The Wife, a homemaker, sought financial provision after separation. The Court had to determine an appropriate maintenance order considering the Husband?s earnings and the Wife?s financial needs

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