Tuesday, May 6, 2008
Not a legal profession case, but the Maryland Court of Appeals issued an opinion today that refused to grant comity to a Pakistani talaq in a matter between two citizens of Pakistan living in Maryland. The court concluded that the procedure violated the due process rights of the wife. The wife had filed for a limited divorce and, in response, the husband went to the Embassy in Washington, D.C. to perform the talaq. The court held:
...a procedure that permits a man (and only him unless he agrees otherwise) to evade a divorce action begun in this State by rushing to the embassy of a country recognizing talaq and, without notice to his wife, perform "I divorce thee..." three times and thus summarily terminate the marriage and deprive his wife of marital property, confers insufficient due process to his wife.