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Sharaf v Prashad [2017] NZFC 6950

Published 04 September 2017

Reserve Decision — application for protection order — spousal maintenance — SN v MN [2017] NZFLR 436 — Wederell v Wederell [1994] NZFLR 928 — Domestic Violence Act 1995, s 80 — Family Proceedings Act 1980. The applicant sought a protection order against her former partner, and spousal maintenance following the break down of the parties' arranged marriage. The court found that although there was verbal and physical abuse on both sides, that the respondent was the dominant source of that abuse. The court also found that the the respondent was responsible for psychologically abusing the applicant. The applicant was unable to demonstrate that she had a reasonably subjective fear of future violence. The court applied the approach mandated in "SN v MN" and found that the respondent had established that a protection order was not necessary. The temporary protection order that was in place was discharged; and a final protection order was not made. In relation to the applicant for spousal maintenance: the court took into account the respective earning capacity of each party in New Zealand. The court noted that the applicant was in New Zealand on a work visa, was not eligible for benefit support, and considered that the applicant was unlikely to obtain employment in the field in which she had studied in India. The court was unable to make an allowance for the respondent who was supporting his parents, as there was no information available to the court as to how much support was paid to them. The court found that there was a duty on the respondent to support the applicant as he had brought her to an unfamiliar country where she had no form of support other than him. The court determined the applicant's reasonable needs, her ability to satisfy them, and the circumstances that meant that she was unable to meet her needs. An order was made that the respondent make maintenance payments of $125 per week to the applicant. Judgment Date: 30 August 2017. * * * Note: Names have been changed to comply with legal requirements * * *