2009 – Successful Matrimonial Case Appeal

Prior results do not guarantee a similar outcome.

2009 Azra Khan successfully appealed a lower court decision in a matrimonial case. She represented a husband whose wife sued for divorce on the grounds of constructive abandonment. Ms. Khan asked the lower court to dismiss the case, claiming that the complaint did not properly allege the grounds claimed. The lower court refused to do so and the case was appealed to the Appellate Division which did dismiss the lawsuit. The case is significant because lower courts have recently expanded the definition of “constructive abandonment” and this appellate decision appears to reaffirm a more narrow ground.