Dajani v. Dajani

Opinion

CROSBY, J. Will a California court enforce a foreign dowry agreement which benefits a party who initiates dissolution of the marriage? No.

I

Awatef and Nabil Dajani married by proxy in Jordan in 1982. At that time husband resided in the United States. Wife subsequently joined him in Orange County in 1983, and the couple married in a civil ceremony. Wife petitioned for dissolution of the marriage in 1985. The primary issue at trial was husband’s obligation, per the terms of the foreign proxy marriage contract,1 to pay wife’s dowry.2

Wife testified the contract called for a dowry of 3,000 Jordanian dinars, plus an additional 2,000 dinars in cash or household furniture.3 As was the custom, she received a token payment on the dowry of one dinar when the marriage by proxy was performed, and the balance was not due until the marriage was dissolved or husband died. Her expert on the subject was an attorney admitted to practice in California and Egypt who testified the dowry provided for a cash payment to the wife in the event of death or [1389]dissolution of the marriage. In the latter case, the sum was due no matter which party initiated the dissolution proceedings.

Husband admitted he authorized the proxy contract, but claimed wife misrepresented the sum he would be obliged to pay if the marriage was dissolved. His expert was an Iman, the Islamic equivalent of a priest or rabbi, who taught local college courses in Islamic customs. He agreed one purpose of the dowry was to provide security for a wife in the event of death or dissolution of the marriage. But he added the dowry could also be an outright gift. Regardless of the purpose, however, a wife forfeited her right to the dowry if she initiated the dissolution proceedings.

In a ruling announced from the bench, the court stated, “[T]here is a valid dowry in existence; [ ] both parties are obligated to perform the conditions of the dowry. []j] The court also finds that, based upon the testimony, the law in existence would be that of the Jordanian or Moslem law and finds that if the wife initiates a termination of the relationship, she foregoes the dowry and the court so finds that in this case the wife initiated the termination of the marriage and common sense and wisdom of Mohamed [svc] would dictate that she forego the dowry, unless the parties agree otherwise, and here they do not agree otherwise.”