Seth v. Seth

694 S.W.2d 459 (1985)

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Seth v. Seth

Texas Court of Appeals
694 S.W.2d 459 (1985)

  • Written by Whitney Kamerzel , JD

Facts

Mohan Seth (defendant) was married to Saroj Seth in India. Anuradha Seth (plaintiff) filed for a divorce from Mohan, arguing she was also married to Seth and that the marriage occurred in India after Mohan divorced Saroj using a Muslim legal procedure that only required Mohan to verbally declare a divorce three times. Although Mohan and Anuradha were Indian citizens, they both lived in Texas for over five years and purchased real estate in Texas. The trial court found that Mohan and Saroj were married and, under Texas law, were never properly divorced. Therefore, Anuradha’s purported marriage to Mohan was void. Anuradha appealed, arguing that the Texas court must recognize Muslim law and Mohan’s Muslim divorce because Mohan’s marriages occurred in India under Muslim law.

Rule of Law

Issue

Holding and Reasoning (Fender, C.J.)

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