Texas Supreme Court Allows Wife to Pursue Divorce After Secret Sharia Divorce Attempt

The Texas Supreme Court has ruled that a wife can pursue divorce proceedings in the state, overturning lower court decisions that recognized a Sharia divorce obtained by her husband. The ruling allows Hira Azhar to seek a division of marital assets from her estranged husband, Mohammad Ali Choudhri, a wealthy real estate mogul.

Choudhri and Azhar were married in Pakistan in 2008 through an arranged marriage. Choudhri, who had lived in Texas since childhood, traveled to Pakistan to marry Azhar, who was 18 at the time. Azhar moved to Houston in 2010. She later alleged that Choudhri was physically and emotionally abusive throughout their marriage.

In 2013, while Azhar was in Pakistan to renew her visa, Choudhri initiated divorce proceedings under Sharia law. This legal system allows a husband to unilaterally divorce his wife by repeating a declaration of divorce three times. Choudhri did not inform Azhar of his intentions and instead published a notice in a small Pakistani newspaper for five days. Azhar claims she never saw the publication and only discovered the divorce was finalized in May 2013, two years later. Her lawyers stated that Choudhri reportedly paid her only $50 in this Sharia divorce proceeding, despite the couple amassing $100 million in assets.

Azhar returned to Texas in June 2015 and filed for divorce in Harris County, seeking a division of marital property. However, the Harris County court recognized the Pakistani divorce under the principle of international comity and dismissed her petition. This decision was upheld by the First Court of Appeals in Houston.

The Texas Supreme Court, however, reversed these rulings, concluding that the notice Choudhri provided to Azhar was constitutionally inadequate. "The notice in this case, involving five days of publication in a single obscure outlet, does not suffice," the justices wrote. The court emphasized that foreign judgments are not automatically recognized in Texas if they conflict with state policy or fundamental constitutional guarantees.

"As a matter of law, the notice provided here is constitutionally inadequate, and far short of what our public policy demands," the court stated. "Other countries are welcome to conclude otherwise, but their judgments are not entitled to comity in a Texas court."

The case will now return to the trial court for further proceedings, allowing Azhar to pursue divorce and asset division under Texas law. Choudhri is the founder and CEO of Jetall Capital and has reportedly acquired over $1.2 billion in real estate assets. He has been involved in other legal disputes, including bankruptcy litigation and a lawsuit by the National Bank of Kuwait.