Supreme Court of Westchester County Recognizes a Divorce Obtained from Abu Dhabi

Supreme Court of Westchester County Recognizes a Divorce Obtained from Abu Dhabi

As Expert Consultant on Islamic divorce obtained from the Middle East, Central Asia and other Islamic nations, this author has been privileged to have been able to defend, successfully, clients by submitting legal opinions and affidavits in their support on issues related  to Islamic divorce to State and Federal Courts and to Immigration Boards. Some of these cases have been reported by major U.S. law journals.

Following is a landmark case at New York Supreme Court of Westchester County, in which this author submitted an affidavit on behalf of a client. The honorable Court agreed with our argument and granted the client recognition of a divorce decree obtained in Abu Dhabi, including custody of children and a mahr of $250,000. You may read the judgment of the Supreme Court on the following link:

https://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-51875-u.html

On January 20, 2016, the Appellate Division affirmed the judgment of the lower court and recognized the divorce decree obtained from Abu Dhabi, including the mahr agreement and custody of the children. The opinion of the Appellate Division reads:

“Here, the mahr agreement, although not acknowledged in accordance with Domestic Relations Law § 236(B)(3), was signed by the parties and two witnesses, as well as the Imam of the Islamic Cultural Center of New York. Under the circumstances presented, the Supreme Court properly recognized so much of the foreign judgment of divorce as incorporated the mahr agreement under the principles of comity, as no strong public policy of New York was violated thereby (see Greschler v Greschler, 51 NY2d 368; Rabbani v Rabbani, 178 AD2d 637). Accordingly, the court properly granted that branch of the plaintiff’s motion which was to enforce so much of the judgment of divorce as awarded the plaintiff the sum of $250,000 pursuant to the mahr agreement.”

The Opinion is available at this link: 

http://law.justia.com/cases/new-york/appellate-division-second-department/2016/2012-11549.html 

As Expert Consultant, we offer the following services on:

• International Law, including laws of the Middle East and Islamic Shari’a.
• Abduction of children to Muslim majority countries, and fear of parental abduction.
• Custody of children in Muslim majority countries.
• Iranian divorce, custody, and mahriah in U.S. courts.
• Abduction of children or fear of parental abduction to Iran.
• Enforcement of mahr agreements in U.S. courts.
• U.S. immigration cases dealing with Islamic divorces obtained overseas.
• Islamic marriage, divorce, custody and abduction or fear of abduction to Muslim majority countries.