Family Law

Michigan Appeals Court Overturns Divorce Ruling

By Erin Kelley

By: Gerri L Elder

The Michigan State Appeals Court has overturned a ruling that recognized the Muslim divorce ritual of saying “I divorce thee” three times to legally end a marriage. The ritual, called the “triple talaq,” is a common way to terminate a marriage among Muslims in India.

Saida Tarikonda’s husband traveled to India a year ago and invoked the triple talaq while there. The appeals court found that Tarikonda was denied equal rights because she was not with him in India.

Tarikonda married Bade Pinjari in India in 2001. Tarikonda says, and the court agreed in its finding, that the couple lived together in Michigan for two years until they separated in January 2008. Pinjari’s lawyer says that he disputes the court’s finding of residency.

After Pinjari was granted a divorce certificate in India, Oakland County, Michigan Circuit Court Judge Cheryl Matthews instructed him to register it in Michigan and file requests for financial support.

Meanwhile, Tarikonda filed for divorce in Oakland County. Under the Indian divorce certificate, her rights to marital property would be limited. However, under Michigan divorce law, she would be entitled to a fair share. She asked the appeals court to intervene in the case.

The appeals court panel found that comity, or to recognize the laws of another country in the U.S., was not possible in this case because of direct opposition to Michigan laws.

Full post as published by The Divorce Blog on April 10, 2009 (boomark / email).