Kaur v. Bharmota

914 N.E.2d 1087, 182 Ohio App. 3d 696
CourtOhio Court of Appeals
DecidedMay 19, 2009
DocketNo. 08AP-646
StatusPublished
Cited by6 cases

This text of 914 N.E.2d 1087 (Kaur v. Bharmota) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaur v. Bharmota, 914 N.E.2d 1087, 182 Ohio App. 3d 696 (Ohio Ct. App. 2009).

Opinion

Brown, Judge.

{¶ 1} Parkash Kaur, plaintiff-appellant, appeals from a judgment of the Franklin County Probate Court, in which the court adopted the magistrate’s decision and ruled that defendant-appellee, Satya Bharmota (referred to as “appellee,” among other appellees), was the lawful surviving spouse of Harjit S. Bharmota (“decedent”).

{¶ 2} Appellant and decedent were married February 2, 1946. At that time, they were members of the Sikh religion and members of the Ad-Dharmi tribe or caste living in the Hoshiarpur District of the Punjab state of India. Appellant and decedent allegedly terminated their marriage in 1961 while living in the same locale. On July 9, 1967, appellee and decedent married in India. Subsequently, appellee and decedent moved to the United States, living as husband and wife until decedent’s death in 2000. Appellant moved to Cleveland, Ohio, in 1996.

{¶ 3} On December 30, 2005, appellant filed a complaint in the Franklin County Probate Court against appellee and against appellees Ajanta Dayal, executor of decedent’s estate; Monika Bharmota, the daughter of decedent and appellee; Lovinder Bharmota, the son of decedent and appellee; Alora Bharmota, the daughter of decedent and appellee; Bahadur S. Bharmota, the son of decedent and appellant; and Dilbagh S. Bharmota, the son of decedent and appellant. In the complaint, appellant sought to be declared the surviving spouse of decedent, claiming that she and decedent had never divorced. A hearing took place before a probate court magistrate. On October 31, 2005, the magistrate found appellee to be the lawful surviving spouse of decedent. Appellant filed a motion for extension of time to file objections. On November 21, 2005, the trial court denied appellant’s motion for extension of time to file objections and adopted the magistrate’s decision. Appellant appealed to this court, and on September 26, 2006, in Kaur v. Bharmota, 10th Dist. No. 05AP-1333, 2006-Ohio-5782, 2006 WL 3113376, this court found that the trial court had erred by failing to exercise its discretion to determine whether to permit appellant to file her objections. We reversed the trial court’s decision and remanded the matter for further proceedings.

[699]*699{¶ 4} Upon remand, the trial court sustained appellant’s objections and referred the matter to the magistrate. The magistrate issued a decision on February 19, 2008. The magistrate found that appellant and decedent were lawfully divorced in 1961 and that decedent and appellee were then lawfully married, making appellee decedent’s surviving spouse. Appellant filed objections to the magistrate’s decision. On July 3, 2008, the trial court overruled appellant’s objections and adopted the magistrate’s decision, finding that appellee was the surviving spouse of decedent. Appellant appeals the judgment of the trial court, asserting the following assignments of error:

[I.] The trial court erred in approving on July 2, 2008 the decision of the Magistrate dated February 19, 2008 finding that defendant-appellee, Satya Bharmota, rather than plaintiff-appellant, Parkash Kaur (now known as Parkash K. Bharmota) is the surviving spouse of the decedent, Harjit S. Bharmota.
[II.] As a part of assignment of error number one, the trial court erred in finding that the decedent’s marriage to the appellant was lawfully terminated prior to his remarriage to appellee, Satya Bharmota, as a result of a customary divorce that occurred in the Punjab state of India in 1961.
[III.] The trial court erred, as a part of assignment of error number two, in finding that defendant’s Exhibits 1 (1-1, 1-2, 1-3) and 2 demonstrated that the parties executed a customary divorce and that these exhibits were properly admitted into the record. A concomitant issue is whether the court erred in admitting defendant’s exhibits 10 and 11, albeit for the purpose of showing the non-existence of a court-approved divorce.
[IV.] The trial court erred in finding that even in the absence of defendants’ Exhibits 1 and 2, appellee presented sufficient evidence to overcome the presumption in law that the marriage of Harjit S. Bharmota and Parkash Kaur continued so as to make Harjit unqualified to marry appellee in 1967.

{¶ 5} We will address appellant’s assignments of error together, as they are related. Appellant argues in her first assignment of error that the trial court erred when it found that appellee was the surviving spouse of decedent. Appellant argues in her second assignment of error that the trial court erred when it found that decedent’s marriage to appellant had been lawfully terminated prior to his remarriage to appellee as a result of a customary divorce that occurred in the Punjab state of India in 1961. Appellant argues in her third assignment of error that the trial court erred when it found that appellees’ Exhibits 1 (1-1, 1-2, 1-3) and 2 demonstrated that the parties had executed a customary divorce, when it found that these exhibits were properly admitted into the record, and when it admitted appellees’ Exhibits 10 and 11. Appellant argues in her fourth assignment of error that the trial court erred when it found that even in the absence of appellees’ Exhibits 1 and 2, appellee had presented sufficient evidence to over[700]*700come the presumption that the marriage of decedent and appellant continued so as to make decedent unqualified to marry appellee in 1967.

{¶ 6} The parties here agree that the pertinent issue, as addressed by the trial court, is whether there existed evidence to establish a valid Indian divorce between appellant and decedent in 1961. Appellant’s argument is essentially an argument on manifest weight of the evidence. When reviewing whether a judgment is against the manifest weight of the evidence, judgments supported by some competent, credible evidence going to all essential elements of the case will not be reversed as being against the manifest weight of the evidence. C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279, 8 O.O.3d 261, 376 N.E.2d 578, syllabus. However, the credibility of witnesses is an issue primarily for the trier of fact, who stands in the best position to evaluate such matters. Seasons Coal Co. v. Cleveland (1984), 10 Ohio St.3d 77, 10 OBR 408, 461 N.E.2d 1273. If the evidence is susceptible of varied conclusions, this court must interpret it in a manner consistent with the findings of fact, verdict, and judgment of the trial court. Ensman v. Ohio Dept. of Rehab. & Corr, 10th Dist. No. 06AP-592, 2006-Ohio-6788, 2006 WL 3743070, ¶ 4, citing Briscoe v. Ohio Dept. of Rehab. & Corr., 10th Dist. No. 02AP-1109, 2003-Ohio-3533, 2003 WL 21512808, ¶ 19.

{¶ 7} “Comity” is “a principle in accordance with which the courts in one state or jurisdiction will give effect to the laws and judicial decisions of another, not as a matter of obligation but out of deference and respect.” Bobala v. Bobala (1940), 68 Ohio App. 63, 71, 20 O.O. 45, 33 N.E.2d 845. States are empowered, if they freely elect to do so, to recognize the validity of certain judicial decrees of foreign governments when they are found by the state of the forum to be valid under the law of the foreign state and when such recognition is harmonious with the public policy of the forum state. Yoder v.

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Bluebook (online)
914 N.E.2d 1087, 182 Ohio App. 3d 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaur-v-bharmota-ohioctapp-2009.