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Pakistani court's divorce ruling contested in Md. Court of Appeals

Daily Record, The (Baltimore), Apr 8, 2008 by Steve Lash

A seemingly divided Court of Appeals on Monday heard arguments on whether lower Maryland courts correctly overturned a Pakistani divorce decree and ordered an ex-husband to split his pension with his ex-wife, who has lived in Maryland for the past 23 years.

The Montgomery County Circuit Court and the Court of Special Appeals had deemed the Pakistani decree invalid after concluding that its denial of the ex-wife's share of her former spouse's earnings too deeply offended Maryland law and public policy, which calls for equitable distribution. The ex-husband, Irfan Aleem, appealed to the Court of Appeals, urging Maryland's top court to restore the Pakistani order.

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Chief Judge Robert M. Bell said Maryland courts presumably must defer to the Pakistani judgment, which was apparently reached in accordance with that country's legal procedures. In addition, the ex- wife, Farah Aleem, appeared to have been given an opportunity to object to the divorce proceeding initiated by her ex-husband, Bell said.

But Judge Lynne A. Battaglia said Maryland courts are by no means bound by a foreign country's family-law decisions. The principle of international "comity," under which deference to foreign rulings is generally given, is not absolute and may be suspended when the overseas ruling profoundly contradicts a state's policy, Battaglia said.

The marriage that led to the international divorce case was arranged in Pakistan 28 years ago. Irfan, then 29, was a doctoral candidate at Oxford, and Fara was 18 and just out of high school. Like other marriages in Pakistan, theirs was preceded by a contract, which essentially provided a dower of $2,500 to be paid by Irfan to Farah in case of divorce.

The Aleems lived in London for the first four years of their marriage and moved to Maryland in April 1985. Farah has lived here since. The Aleems have two children, both born in the United States: Zeeshan, 22, and Zoya, 19.

In March 2003, Farah filed for divorce in Montgomery County Circuit Court. While that case was ongoing, Irfan, who had been working at the World Bank in Washington, went to the Pakistan embassy to initiate divorce proceedings under Pakistani law. The Pakistani divorce, which denied Farah a share of Irfan's World Bank pension, concluded while the Maryland proceedings were pending.

The Montgomery County Circuit Court finished its divorce proceedings in June 2006, declined to defer to the Pakistani judgment and ordered Irfan to share his pension with Farah. The Court of Special Appeals agreed.

Attorney Priya R. Aiyar, pressing Irfan's case before the Court of Appeals, said Maryland judges must defer to the Pakistani decree.

Denying a pension share to an ex-wife is not so "fundamentally contrary" to Maryland's laws and policy so as to render the foreign decree invalid, Aiyar said. Maryland courts have, in fact, upheld divorce decrees from other states that have denied one ex-spouse a share of the other's income, Aiyar added.

"The parties were already divorced and their property distributed under Pakistani law," Aiyar said. Maryland courts should abide by international comity and defer to the Pakistani decree, added Aiyar, a partner in the Washington office of Kellogg, Huber, Hansen, Todd, Evans & Figel PLLC.

But that argument drew criticism from Battaglia. The judge said the duty of one state to give "full faith and credit" to the divorce decree of a fellow state is rooted in the Constitution, but the principle of international comity is a diplomatic gesture not binding on other countries.

The pre-existing divorce proceeding in Maryland and Farah's longstanding and continuing residence in the state weigh against deferring to the Pakistani ruling, which she presumably would have had to contest in her native land, Battaglia added.

Aiyar said Farah retained strong ties to Pakistan insofar as she remained a citizen of that nation while living under a visa in the United States.

Judge John C. Eldridge said Farah has lived in Maryland for more than 20 years, which strongly indicates that she wishes to continue to reside in the state, not Pakistan.

Judge Dale R. Cathell said denying an ex-spouse access to a pension is not a remarkable ruling that so deeply offends public policy. Irfan was not "concealing" his pension from Farah, Cathell added.

The case is Aleem v. Aleem, September Term 2007, No. 108.

Pakistani court's divorce ruling contested in Md. Court of Appeals

Daily Record, The (Baltimore), Apr 8, 2008 by Steve Lash

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