AUSTIN, Texas — The Texas Supreme Court rejected a Houston businessman’s request to recognize his Pakistani divorce, ruling that his wife did not receive adequate notice or an opportunity to participate in the proceeding.
The ruling Friday reversed lower court decisions that had recognized the divorce and denied Hira Azhar a share of the marital estate she accumulated with her husband, real estate businessman Mohammad Ali Choudhri.
The case involves more than $100 million in marital assets and a divorce Choudhri obtained in Pakistan in 2013 while Azhar remained unaware of the proceeding. Court records show Azhar learned about the divorce about two years after it was finalized.
Choudhri and Azhar married in Pakistan in 2008 through an arranged marriage. They later moved to Houston, where they accumulated more than $100 million in community assets.
According to court records, Choudhri sent Azhar to Pakistan in 2013 to renew her visa. While she remained there, he pursued a divorce under Talaq, a form of Islamic divorce that allows a husband to initiate the process without his wife’s consent.
The court records show Choudhri published notice of the divorce in a Pakistani newspaper for five days. Azhar said she never saw the notice and did not learn about the divorce until two years later.
The Texas Supreme Court ruled that the publication did not provide adequate notice. The justices also questioned why Choudhri did not use other forms of communication, including telephone calls, text messages, email or mutual acquaintances, to notify Azhar.
“Five days of publication in a single obscure outlet does not suffice,” the court said.
The justices cited Texas requirements for due process when courts consider recognizing foreign judgments. The ruling said international judgments should not receive recognition when they lack due process or conflict with Texas public policy.
Azhar returned to Houston in 2015 and filed for divorce in Harris County. The trial court recognized the Pakistani divorce and entered a judgment denying her a division of the couple’s marital estate. The court of appeals upheld that decision.
The Texas Supreme Court reversed those rulings, holding that Azhar lacked proper notice and an opportunity to participate in the Pakistani proceeding.
The decision allows Azhar to pursue a divorce and related claims in Texas under state law.