Farah v. Farah – Proxy Marriage
Farah v. Farah, 16 Va. App. 329, 429 S.E.2d 626 (1993).
NATURE OF THE CASE: This lawsuit involved an issue regarding the recognition of a proxy marriage.
FACTS: Mr. Farah was a citizen of Algeria and Ms. Farah was a citizen of Pakistan. At the time of this lawsuit they had resided in Virginia for several years. The parties signed a proxy marriage form used to solemnize marriages in certain Muslin communities. The contract, known as the Nikah, provided that Mr. Farah would receive a dowry of $20,000. In 1988, the parties purported to enter into a Muslim marriage through proxies in London, England. Neither party was present during the ceremony. While no marriage certificate was issued and no governmental authority was informed, according to Islamic 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 names. Mr. and Ms. Farah intended to have a civil marriage ceremony but they never did so. They lived together for one year and then separated.
Mr. Farah’s divorce lawyer 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 to the laws of England because they neither obtained a marriage license nor complied with any other formalities. Ms. Farah 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.
ISSUE: In Virginia, is whether a marriage is valid to be controlled by the law of the place where the marriage was celebrated?
RULE OF LAW: Yes. In Virginia, whether a marriage is valid is to be controlled by the law of the place where the marriage was celebrated.
HOLDING AND DECISION: The court held that under these facts, the ceremony performed in Pakistan was not a marriage ceremony and therefore this was not a legal marriage. Even Pakistan would not accept the proxy marriage that was performed in London as valid. No evidence was ever established that a marriage ceremony was conducted in Pakistan or that it was celebrated in any jurisdiction other than England. Thus, because the marriage was contracted and celebrated in England, the validity must come from English law. None of the formalities of English law were complied with and thus there was no marriage that this state can recognize. W and H did not enter into a common law marriage as Virginia does not recognize such relationships and Mr. and Ms. Farah did not even enter into such a relationship in any jurisdiction that recognizes common law marriage.
DISPOSITION: Reversed.