Farah v. Farah

429 S.E.2d 626 (1993)

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Nature of the Case

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Facts

H was a citizen of Algeria, and W was a citizen of Pakistan. They have resided in Virginia for several years. They signed a proxy marriage form that is used to solemnize marriages by members of certain Muslin communities. The contract, the Nikah, also provided that H would get $20,000 as the wife's dower. In 1988, W and H purported to enter into a Muslim marriage by their proxies in London, England. Neither party was present during the ceremony that was conducted. No marriage certificate was issued, and no governmental authority was informed. According to Muslim law, they were married. One month later, when they went to Pakistan, W's father held the Rukhsati. The parties returned to Virginia and purchased a house that was jointly titled in both their names. They intended to have a civil marriage ceremony, but they never did so. They lived together for one year and then separated. H filed a bill to have the marriage voided, and W filed for divorce and equitable distribution. H produced evidence that the marriage did not conform with the laws of England as they did not obtain the special license nor did they comply with any formalities. W contends that the marriage was completed in Pakistan by conducting the Rukhsati and the proxy marriage was also valid in Pakistan. The trial court ruled for W and H appealed.