In a compelling case at the Dubai Courts, Galadari Advocates and Legal Consultants represented an Asian man, a Hindu, the “Plaintiff,” who was defrauded by an Iranian Muslim woman, the “Defendant,” under the pretext of love and marriage. This key detail became a pivotal aspect of the case, emphasizing the cross-cultural dynamics involved. Galadari’s team, led by an exceptional team including Ms. Raka Roy, Mr. Eslam Hassan, Ms. Ibtisam Jaafar Al Raisi, Mr. Mohamed El Naggar, Ms. Nanda Rajesh and Mr. Ahmed Khaled Mahmoud, effectively secured a judgment and several other decisions on attachment and travel ban petitions which were strategically filed in favour of the Plaintiff.
The Defendant convinced the Plaintiff to purchase an apartment for her in the UAE and register it in her name in order to obtain a residence visa to come to the UAE. She assured him that the apartment would be their marital home and that she would return it to him after their marriage. The Plaintiff, acting in good faith, purchased the apartment and registered it in her name, investing significantly both emotionally and financially. Upon completing the registration in her name, the Defendant’s behavior shifted completely, eventually announcing her desire to leave the Plaintiff. The Plaintiff requested that the Defendant return the apartment to him, citing their prior agreement, but she refused, leaving him with no option but to file a case against her for unjust enrichment at his expense.
Galadari Advocates strategically argued the case, presenting crucial evidence, including WhatsApp messages that showcased the Defendant’s deceit. The legal team skilfully argued for either the return of the apartment or full compensation for its value. Despite the fact that property disputes are typically resolved solely based on title deeds — which in this case was in the Defendant’s name — the team managed to retrieve the Plaintiff’s investment, making this case a landmark decision.
One of the key reasons this case is considered a landmark is because of the strategic legal approach employed by Galadari’s team. Not only did they successfully prove the Defendant’s fraudulent behaviour with limited evidence, but they also managed to suspend a RERA case filed by the Defendant to stall proceedings. Despite the apartment’s title deed being in her name, the team was able to demonstrate that the Plaintiff was entitled to reimbursement. In a significant victory, they obtained a judgment that froze the Defendant’s assets and imposed a travel ban to secure enforcement of the ruling.
The Dubai Court prudently examined the evidence that demonstrated her manipulative behavior, upheld the Plaintiff’s claims of unjust enrichment, and ordered the Defendant to reimburse the Plaintiff for the apartment’s value, along with legal interest. This case underscores the importance of sound legal representation and robust advocacy in pursuing justice against fraudulent practices, emphasizing that emotional and financial exploitation will not go unpunished in a fair legal system.