Siddiqui v. Siddiqui – Case Brief Summary (New York)

In Siddiqui v. Siddiqui, 107 A.D.3d 974, 968 N.Y.S.2d 145, 2013 NY Slip Op 04791 [2013], the husband commenced an action for divorce against the wife in New York but while that action was pending sought an absolute divorce from the wife in Pakistan by performing a talaq.

The Appellate Division noted in the decision that under Pakistan's Muslim Family Laws Ordinance a man is permitted to divorce his wife by performing talaq, which consists of stating or writing three times that the man is divorcing his wife together with following various other procedures including giving written notice of the pronouncement of talaq to the wife and to a certain Pakistani governmental official after which the divorce is granted after ninety (90) days (see Siddiqui, supra.)

The Appellate Division noted further that "the foreign divorce obtained by the defendant simply terminated the parties' marriage, while the parties have filed petitions in the Family Court to determine issues of child custody, maintenance, and child support" (Siddiqui, supra.).

The Appellate Division also noted that it made no finding regarding "whether the foreign divorce was fundamentally offensive to the public policy" of New York.