Shamsee v. Shamsee

Appellate Division of the Supreme Court of New York

Shamsee v. Shamsee

51 A.D.2d 1028, 381 N.Y.S.2d 127

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1976

StatusPublished

Cited by4 cases

This text of 51 A.D.2d 1028 (Shamsee v. Shamsee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shamsee v. Shamsee, 51 A.D.2d 1028, 381 N.Y.S.2d 127 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action for divorce or separation, in which the defendant husband counterclaimed, inter alia, for a judgment declaring the invalidity of the marriage on the ground that the person who solemnized it was not registered with the City Clerk of the City of New York, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, entered October 29, 1975, as denied his motion for summary judgment. Order affirmed insofar as appealed from, with $50 costs and disbursements. The parties obtained a New York State marriage license in 1956. The ceremony was performed in Manhattan by a Muslim qadi, who, in a duly witnessed marriage certificate which was filed with the city clerk, certified that he had solemnized "the rites of matrimony” between the parties. The parties lived together as husband and wife for almost 20 years; now that plaintiff seeks a divorce, defendant alleges that the marriage is a nullity because the qadi was not registered with the city clerk as required by section 11-b of the Domestic Relations Law. The absence of such registration does not suffice to void a marriage (see Matter of Liberman, 6 Misc 2d 396, revd on other grounds 4 AD2d 512, affd 5 NY2d 719; accord Matter of Liebman, 44 Misc 2d 191). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action for divorce or separation, in which the defendant husband counterclaimed, inter alia, for a judgment declaring the invalidity of the marriage on the ground that the person who solemnized it was not registered with the City Clerk of the City of New York, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, entered October 29, 1975, as denied his motion for summary judgment. Order affirmed insofar as appealed from, with $50 costs and disbursements. The parties obtained a New York State marriage license in 1956. The ceremony was performed in Manhattan by a Muslim qadi, who, in a duly witnessed marriage certificate which was filed with the city clerk, certified that he had solemnized "the rites of matrimony” between the parties. The parties lived together as husband and wife for almost 20 years; now that plaintiff seeks a divorce, defendant alleges that the marriage is a nullity because the qadi was not registered with the city clerk as required by section 11-b of the Domestic Relations Law. The absence of such registration does not suffice to void a marriage (see Matter of Liberman, 6 Misc 2d 396, revd on other grounds 4 AD2d 512, affd 5 NY2d 719; accord Matter of Liebman, 44 Misc 2d 191). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 1028, 381 N.Y.S.2d 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shamsee-v-shamsee-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack