BUSINESS & PROPERTY COURTS IN MANCHESTER
BUSINESS LIST (ChD)
Manchester Civil Justice Centre 1 Bridge Street West Manchester M60 1GD |
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B e f o r e :
Sitting as a Judge of the High Court
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THE LORD CHANCELLOR | ||
(as successor to the Legal Services Commission) | Claimant | |
and | ||
MUNIR FAROOQI | ||
ZEENAT FAROOQI | Defendants |
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The First Defendant appeared in person (by video-link from prison) on the first day only
MR SEBASTIAN CLEGG (instructed on a direct public access basis) appeared on behalf of the Second Defendant
Hearing Dates: 8th 10th May 2018
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Crown Copyright ©
JUDGE HODGE QC:
"There is a sensitive personal matter which has a bearing upon the issue of the ownership of 6 Victoria Terrace. In 1995 Zeenat Farooqi separated from Munir as a result of his unreasonable behaviour. Solicitors became involved and uncontested divorce proceedings were contemplated. In 1996 a clean break was anticipated and the property at 4 Lorne Road was transferred into Zeenat Farooqi's sole name as a result. In early 1997 Zeenat Farooqi learned that Munir was planning to sell 10 Brook Road which, at that time, was in his sole name. In order to protect her interest in this property, Zeenat arranged for a charge in her favour to be put on 10 Brook Road. The deposit which had allowed the original purchase of Brook Road had come from Zeenat's father in Pakistan."
The chronology there is inaccurate. It was not in early 1997 that Mrs Farooqi learned that her husband was planning to sell Brook Road and had protected her interests by putting a charge on the property. The charge had first been placed on the property in February 1996. It had then been removed in February 1997 and had been reinstated in July 1997. Nothing is said, in that paragraph, about the discharge by Mrs Farooqi of the outstanding mortgage on 4 Lorne Road. It may be that Mr Farooqi viewed the transfer as associated with a clean break in divorce proceedings, but I am entirely satisfied that Mrs Farooqi took the view that the transfer was because she had paid off the outstanding mortgage on 4 Lorne Road.