I. Facts.
Ahmed Farah and Naima Mansur had resided in Virginia for several years. Ahmed and Naima signed a proxy marriage form (the “Nikah”) and their nominated proxies conducted the marriage in London on their behalf under Moslem law. No marriage certificate was issued by any courts or governmental authorities in England at that time. After that, the couple had a flight to Pakistan to have a marriage reception that was traditional to wife’s Islamic sect called ‘Rukhsati’ and returned to Virginia to live along. One year after upon separation of their marriage, Naima requested to divorce, claiming equal distribution of property belonged to them. Ahmed argued that the marriage should be regarded as void. Lower courts found for Naima. Ahmed appealed.
II. Issue.
Whether a proxy marriage held in foreign country under different jurisdiction is valid in Virginia
III. Reasoning.
A. Rules.
1. Kleinfield v. Veruki, 7 Va.App. 183, 186, 372 S.E.2d 407, 409 (1988)
- A marriage that is valid under the law of the state or country where it is celebrated is valid in Virginia, unless it is repugnant to public policy.
Kleinfield, 7 Va.App. at 186, 372 S.E.2d at 409
- Whether a marriage is valid is controlled by the law of the place where the marriage was celebrated.
Spradlin v. State Compensation Commissioner, 113 S.E.2d 832, 834 (W.VA.1960)
- A marriage that is void where it was celebrated is void everywhere.
2. Offield v. Davis, 100 Va. 250, 253, 40 S.E. 910, 914 (1902)
- Virginia does not recognize common-law marriages where the relationship is created in Virginia.
3. Marriage Act, 1949, 12, 13 & 14 Geo. 6, ch. 76, § 25 (Eng.)
- The Marriage Act of England requires issuance of a marriage license, fifteen-day residence in England by one of the parties before the marriage, and the issuance of a certificate of marriage by a duly authorized registrar of marriages.
B. Application
1. The law of Virginia recognizes a validity of a marriage if the marriage is held lawfully under the law of the state or country and the validity of a marriage is controlled by the law of the place where the marriage was celebrated. However, the ceremony (“Rukhsati”) held in Pakistan, was found out to be a mere custom, rendering it invalid marriage under Pakistani law. Hence, Naima’s assertion that her marriage is also valid within Virginia is null and void.
Moving onto the proxy marriage held in England, English jurisdiction will take place to determine whether their marriage is valid or not under English law. If the marriage is deemed to be valid under English law, this proxy marriage will be valid in Virginia as well. However, if the proxy marriage is found to be void under English law, it will be void everywhere including Virginia.
2. Considering Ahmed and Naima had resided in Virginia for several years, it is assumed that their relationship which appears to be a common-law marriage was created in Virginia. However, common-law marriage is not recognized if it is created within the State.
3. According to the Marriage Act of England, in order to conduct a marriage in England, a marriage license, a marriage certificate and fifteen days residence in England by one of the parties before the marriage is required. However, none of these requirements were met by any member of the parties, rendering the marriage held in England void ab initio as well.