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Date: 11-15-2023

Case Style:

In re the Marriage of V.S. and V.K.

Case Number: 19FL002753

Judge: James E. Towery

Court: Superior Court, Santa Clara County, California

Plaintiff's Attorney:

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Defendant's Attorney:

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Description: San Jose, California family law divorce lawyers represented the parties.

An out-of-state marriage is "valid" in California if it "would be valid by laws of the jurisdiction in which the marriage was contracted." (Fam. Code, § 308.) In this appeal from the trial court's bifurcated determination of the parties' date of marriage, we consider whether the trial court erred by concluding that the 2010 Hindu marriage ceremony (the Phera) the parties celebrated in India was not legally binding under the Hindu Marriage Act of 1955 (Hindu Marriage Act or the Act) and that the parties were therefore not married until their later civil ceremony in the United States. Wife V.S. argues that the trial court erroneously (1) failed to treat husband V.K.'s earlier admission that the parties were married as of the 2010 Phera as a judicial admission of fact rather than a legal conclusion, (2) misinterpreted the Act as requiring Indian domicile, and (3) failed to conclude that the parties' celebration of the Phera at a minimum left V.S. with a good faith belief that the parties were legally married.

V.S. v. V.K. (In re Marriage of V.S.), H050105 (Cal. App. Nov 15, 2023)

Outcome: Affirmed

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