Tamimi v. Tamimi

Audrey Tamimi (plaintiff) amd Adnan Tamimi (defendant) were married in New York City in 1952, where Adnan worked for the United Nations. The Tamimis had two children. In November 1963, the Tamimis leased their New York home and moved to Thailand for Adnan’s job. However, the children became ill, and doctors advised the Tamimis that the children would fare better in a different climate. Adnan subsequently commenced a divorce proceeding against Audrey in Thailand based on Audrey’s alleged cruel and inhuman conduct. Audrey received personal service of process for the Thai divorce proceeding, but she did not answer Adnan’s complaint. Adnan and his attorney told Audrey that if she took the children to England and then the United States, Adnan would discontinue the Thai divorce suit. Nevertheless, Adnan proceeded with the Thai divorce action after Audrey left Thailand and obtained a Thai divorce by default in August 1964. Upon receiving the Thai divorce decree, Audrey sued Adnan in New York state court for a declaration that the Thai divorce was void. The supreme court dismissed Audrey’s complaint, ruling that the Thai divorce was valid as a matter of comity because the Thai court had jurisdiction over Audrey and Audrey’s alleged misconduct occurred in Thailand. The supreme court further ruled that although Adnan’s alleged fraud could be grounds for invalidating the divorce in Thailand’s courts, Adnan’s alleged fraud was not cognizable in New York. Audrey appealed.