Case of the Day: Khaja v. Husna, 2018 N.C. App. LEXIS 836 (N.C. App. Ct. Aug. 21, 2018)

Summary:

Husband and wife married in India in 2007 and separated in 2008 while living in the US. In 2011, the husband filed for divorce in the US and won alimony from the wife. The wife appealed, claiming the court had no subject matter jurisdiction as the lower court should have recognized the annulment the wife obtained in India a month after the husband filed the US action.

The appellate court rejected the argument. The court found the lower court correctly found the parties were not domiciled in India at the time of the annulment, as the husband was residing in New Jersey and the wife was residing in North Carolina.

Takeaway:

Interesting attempt for a collateral attack, which is fairly common family law but does not get enough attention. Also interesting that the North Carolina state court applied the Full Faith and Credit clause test to a foreign order, although as a formal matter there is no reason for the Full Faith and Credit clause would apply to a foreign state (as opposed to one of the United States.)