In re Marriage of Qureshi, 2023 IL App (1st) 230737-U

- Case citation and parties
In re Marriage of Qureshi, 2023 IL App (1st) 230737-U (1st Dist. Sept. 20, 2023). Petitioner‑Appellee: Afira Qureshi. Respondent‑Appellant (pro se): Muhammad Asif.

- Key legal issues
1. Whether the trial court erred in awarding maintenance, child support and property allocations where respondent contends the court relied on improper facts (dissipation, income).
2. Whether trial judge misconduct occurred.
3. Whether the appellate court may review those claims given the absence of a report of proceedings and respondent’s failure to appear at trial.
4. Enforcement remedies (asset freeze, contempt, sanctions) for alleged dissipation and abusive communications.

- Holding/outcome
Affirmed. The appellate court affirmed the dissolution, support, maintenance, asset awards, and contempt/sanctions rulings because respondent forfeited appellate review by failing to appear at trial and failed to provide an adequate record for review.

- Significant legal reasoning
- Procedural default/forfeiture: the court emphasized that respondent’s voluntary nonappearance at trial forfeited many challenges to the trial court’s findings.
- Record requirement: under Illinois Supreme Court Rules 321/323/324, an appellant bears the burden to provide a report of proceedings or acceptable substitute; absent that record, appellate courts presume the trial court acted correctly. The pro se status does not relax these obligations.
- Evidence relied upon below: the order recited prior findings (temporary restraining order, asset freeze based on large wire transfers to foreign accounts, finding of indirect contempt for further transfers, and respondent’s failure to comply with an order to produce transfer documentation and a job‑search diary). The trial court used petitioner’s income and the average of respondent’s three years of W‑2 earnings to set support because respondent failed to show current income or seek modification.
- Abuse of process/sanctions: the court upheld trial judge’s actions in dismissing repetitive substitution petitions, barring further filings without leave, awarding counsel fees, and finding direct contempt for abusive emails to court employees (citing local rule conduct standards).

- Practice implications (concise)
- Preserve the record: obtain/transcribe hearings and prepare agreed statements if transcript unavailable.
- Pro se litigants will be held to attorney standards; opposing counsel should seek enforcement of record and Rule compliance.
- Nonappearance at trial risks forfeiture of appellate issues—appear or move for continuance timely.
- Courts will use contempt, asset freezes, and fee awards to address dissipation and abusive filings/communications; use motions to strike repetitive substitution petitions and seek filing restrictions when necessary.