Avitzur v. Avitzur

446 N.E.2d 136 (1983)

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Nature of the Case

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Facts

H and W were married in 1966 in a ceremony conduct in accordance with the Jewish tradition. Prior to the marriage, both parties signed the Ketubah as a declaration of their desire to live in accordance with the Jewish law of marriage and to submit to the Beth Din determinations. H and W authorized the Beth Din to impose such terms of compensation as it sees fit for failure to appear and accept its authority. H was granted a divorce for cruel and inhuman treatment. However, W was still not divorced under Jewish law until a Get was granted. The only way to get a Get was to appear before a rabbinical tribunal. W sought to summon H before the Beth Din, and W sued D to get a court to order his appearance. H moved to dismiss the complaint as the court lacked subject matter jurisdiction. The court found for W. The appellate division granted H's motion to dismiss; the agreement was a liturgical agreement and was unenforceable as the state had already granted a civil divorce.