Vidyaarthy C Ramamoorthi v. Chinnaiah Ramamoorthi

918 N.W.2d 191, 323 Mich. App. 324
Michigan Court of Appeals·Decided March 8, 2018·No. 336845·Published·Cited by 6 cases

Opinion

Cameron, J.

*328 Defendant appeals as of right the trial court's judgment of divorce. This case involves parties who, after living in Michigan for several years, returned to their native country of India in 2014 with their three children. In 2016, plaintiff returned to Michigan and filed for divorce. We affirm in part, reverse in part, vacate in part, and remand for further proceedings.

The parties were married in India on June 8, 2000, and then moved to Michigan a month later. In 2004, they purchased a home in Sterling Heights. Defendant *329 became a United States citizen in 2008. While living in the United States, the parties had three children together. In May 2014, defendant took the children to India, while plaintiff temporarily remained in Michigan to complete paperwork necessary to become a United States citizen. Later that month, plaintiff joined the children in India, but defendant returned to the United States to continue his employment. Plaintiff briefly returned to Michigan in August 2014, became a United States citizen, and then returned to India. Once plaintiff returned to India, defendant traveled back to the United States until November 2014. At that time, plaintiff expressed her desire to return to the United States with the children because she was not happy in India. Defendant said that they could return to live in the United States in five to six months. Defendant returned to the United States for work, but by November 2015, plaintiff and the children were still living in India. On November 29, 2015, defendant returned to India, the parties got into a fight, and defendant physically beat plaintiff for nearly a week while family members watched but did not intervene. Defendant took all of plaintiff's jewelry and her passport from their lockbox. Thereafter, plaintiff was locked in her apartment, and defendant's brother administered medication for her injuries. Defendant left the children with his sister while he traveled back to the United States for work. In *194 December 2015, plaintiff was able to leave the apartment and went to the police. The police escorted her to the home of defendant's sister, and plaintiff was able to see her children. When defendant learned that plaintiff went to the police, he immediately traveled back to India, at which time he and members of his family forced plaintiff to sign away her rights to all the marital property. Plaintiff was eventually able to obtain an *330 emergency passport from the American consulate, and on March 22, 2016, she returned to the United States.

Plaintiff claims that she never intended to remain in India, despite her lengthy stay from 2014 to 2016, and that defendant had promised that she and the children could return to Michigan if they did not like India. According to plaintiff, defendant would not allow her and the children to return to Michigan. She claimed that defendant and his family members physically abused her and prevented her from leaving. Plaintiff also claimed that she was not able to return to the United States on her own because defendant controlled all of the family's assets and finances.

On April 5, 2016, plaintiff filed a complaint for divorce in the Oakland Circuit Court. It is undisputed that the parties' children were still living in India at this time and that they had not lived in the United States since May 2014. The children remained with defendant in India throughout the pendency of this case, despite the trial court's orders that they be returned to plaintiff's custody in Michigan.

Defendant, who remained in India, challenged the trial court's subject-matter jurisdiction on the ground that plaintiff failed to meet the statutory residency requirements, MCL 552.9(1), before bringing this divorce action in Michigan. Defendant also argued that the trial court did not have jurisdiction to make a custody determination under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), MCL 722.1101 et seq. , because Michigan was not the children's home state under the act. Alternatively, defendant argued that the trial court should decline to exercise jurisdiction over the proceeding under the doctrine of forum non conveniens. The trial court rejected each of defendant's arguments and denied his motion to dismiss.

*331 Defendant later moved for summary disposition under MCR 2.116(C)(6), arguing that the trial court should dismiss the action under the doctrine of comity because defendant had commenced a divorce action in India before plaintiff filed her complaint for divorce in the Oakland Circuit Court. The trial court denied defendant's motion, ruling that it was not timely filed and that, in any event, the doctrine of comity was not applicable because defendant was not attempting to enforce a foreign judgment.

In January 2017, the trial court granted plaintiff a default judgment of divorce. In relevant part, the judgment awarded plaintiff sole custody of the parties' children, who were still living in India.

On appeal, defendant first argues that the trial court erred by denying his motion to dismiss given that the trial court lacked subject-matter jurisdiction over plaintiff's divorce action because plaintiff did not meet the statutory residency requirements under MCL 552.9(1) before filing her complaint for divorce. We disagree.

In Kar v. Nanda , 291 Mich.App. 284 , 286-287, 805 N.W.2d 609 (2011), this Court stated:

The question whether a court has subject-matter jurisdiction is a question of law that we review de novo. Issues of statutory construction are also questions of law that are reviewed de novo. Whether the requirements of MCL 552.9(1) have been satisfied is a question *195 of fact. Questions of domicile and intent are also questions of fact. We review factual findings for clear error. A finding is clearly erroneous if, on all the evidence, the Court is left with the definite and firm conviction that a mistake has been made. [Quotation marks and citations omitted.]

MCL 552.9(1) provides:

A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant *332 or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.

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

Vidyaarthy C Ramamoorthi v. Chinnaiah Ramamoorthi, 918 N.W.2d 191, 323 Mich. App. 324 (Mich. Ct. App. 2018).

918 N.W.2d 191 (Vidyaarthy C Ramamoorthi v. Chinnaiah Ramamoorthi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Rebecca Kay Richardson v. Cody James Snipes
Michigan Court of Appeals, 2026
William Morris Morrow v. Sandra Lynn Morrow
Michigan Court of Appeals, 2024
Nossonal Kleinfeldt v. Nicole Stern
Michigan Court of Appeals, 2024
Charlene Diane Dorais v. Gabor George Burt
Michigan Court of Appeals, 2023
Roderick D Black v. Lisa Cook
Michigan Court of Appeals, 2023
In re the Marriage of Del Real
Court of Appeals of Iowa, 2020
Rebekah Ann Kortman v. Paul Evert Kortman
Michigan Court of Appeals, 2020