Tshiani v. Tshiani

Court of Appeals of Maryland · Family Law

Family LawMarriage recognitionComityforeign marriagecomitytelephone marriagepresumption of marriagepublic policy

Facts

On 23 December 1993, Marie-Louise participated in a traditional marriage ceremony in Kinshasa with members of both families present; Noel was not physically present but, according to Marie-Louise, participated by telephone, answered affirmatively when asked if he knew, liked, and wanted to marry her, and his family delivered a dowry including cash, clothes, food, and a live goat. Marie-Louise then traveled to Virginia to live with Noel, and the couple lived together for almost fifteen years, had three children, and Noel obtained spousal benefits for her and referred to her as his wife or spouse in several official contexts. At trial, Noel denied that he participated in any ceremony and denied any legal marriage, but the trial court found him not credible. Documentary evidence also corroborated, at least in part, Marie-Louise’s testimony about embassy recognition and Noel’s use of the marriage to obtain benefits.

Issue

Whether the evidence was sufficient to support a finding that a valid marriage occurred in the Congo on 23 December 1993, and if so, whether Maryland should recognize under comity a valid foreign marriage in which the groom was not physically present but participated by telephone. The court expressly declined to decide whether such a marriage could be valid if performed in Maryland.

Rule

Maryland generally recognizes a marriage validly formed in another state or country, even if it would not have been valid if formed in Maryland, unless the marriage is expressly prohibited by the Maryland Legislature or is repugnant to Maryland public policy. A legal marriage may be presumed from sufficient evidence such as declarations regarding the ceremony, cohabitation, acknowledgement, and similar corroborative conduct; Maryland sets a high bar for finding a valid foreign marriage repugnant to public policy.

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Lina Okoro and Daniel Mbewe participated in a marriage ceremony in Nairobi, Kenya, where Lina appeared in person and Daniel joined by live audio call from Toronto. The marriage was valid under Kenyan law, and the couple later moved to Silver Spring, Maryland, where they lived together for 12 years and raised two children. In a Maryland divorce action, Daniel argues the marriage cannot be recognized because Maryland would require more formality if the marriage had been performed locally.

How should a Maryland court rule on Daniel’s argument?

Explanation. Maryland generally recognizes a marriage valid where celebrated in another state or country, even if it would not have been valid if formed in Maryland, unless the marriage is expressly prohibited by Maryland statute or is repugnant to Maryland public policy. The majority emphasized that the validity of such a marriage if attempted in Maryland is not the question in a comity analysis. (Derived from Tshiani v. Tshiani (n.d.).)