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Bliss vs. Bliss
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press.
District of Columbia Court of Appeals
Nos. 97-FM-701 & 97-FM-1019
Daniel I. Bliss,
Elena T. Bliss,
Appeals from the Superior Court of the District of Columbia
(Hon. Zinora Mitchell-Rankin, Trial Judge)
(Argued November 24, 1998 - Decided July 22, 1999)
Alan B. Soschin for appellant.
Mary S. Pence, with whom Pamela B. Forbes and Garrett L. Lee were on the brief, for appellee.
Before Farrell and Ruiz, Associate Judges, and Retchin,* Associate Judge of the Superior Court of the District of Columbia.
Ruiz, Associate Judge: Daniel Bliss appeals from a judgment enforcing a Russian custody order, awarding sole custody of the parties' son, Nikita, to the mother, Elena Bliss. Appellant argues that the trial court erred in its determination that he had been afforded procedural due process in the Russian court. In addition, appellant contests the trial court's subsequent order awarding attorney's fees to Ms. Bliss under D.C. Code §16-4515(d) (1997), asserting that he could not have violated the Russian custody order until the trial court had determined that the Russian order was valid. We affirm.
Elena Trush Bliss, a citizen of Russia, married Daniel Bliss, a United States citizen, in February 1995. The couple resided in Moscow where Mr. Bliss worked. Elena Bliss gave birth to a son, Nikita, later in 1995 during a four-month stay with Mr. Bliss's mother in the District of Columbia. Shortly after the couple's return to Russia, they began to have marital difficulties. During one argument, Mr. Bliss allegedly struck his wife. Thereafter, however, things seemed to improve until, without warning, on October 5, 1996, Mr. Bliss brought Nikita back to the Unit...
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SAINT PETERSBURG CITY COURT
Judicial Division for Civil Case of Saint Petersburg City Court in the composition:
Chairperson – ХХХХХХХХХХХХХ, Judges: XXXXXXXXXXXX, XXXXXXXXXXXXX
Having considered in court session of February XX, 20XX the private complaint about Ruling of XXXXXXXXXXXXXX District court of Saint Petersburg dated December 25, 2008 as regards dismissal of application of Mr. XXXXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXX for dissolution of marriage, recovery of alimony, and division of property jointly acquired in wedlock.
Having heard the report of judge Ms. XXXXXXXXXXXXXXX, explanations of attorney Ms. XXXXXXXXXXXXXX in favor of interests of XXXXXXXXXXXX, the representative of Ms. XXXXXXXXXXXX – XXXXXXXXXXXX acting by virtue of power of attorney dated October XX, 20XX.
Judicial Division for Civil Case of Saint-Petersburg City Court
Mr. XXXXXXXXXXXXXX applied to the court with the suit against Ms. XXXXXXXXXXX claiming dissolution of marriage, recovery of child support, division of property jointly acquired in wedlock.
The Ruling of XXXXXXXXXXXXX District court of Saint-Petersburg dated December XX, 20XX dismissed the suit of XXXXXXXXXXXXX.
In his private complaint XXXXXXXXXXXX asks to reverse the ruling, stating that the ruling has been determined unlawfully with violation of procedural law provisions.
Having examined the case papers, discussed the arguments of private complaint the Judicial Division believes that the ruling of the judge is subject to reversal.
When dismissing the suit the court was referring to provisions of cl. 1 o part 1 of Art. 134 of RF CPC and Art. 220 of RF CPC, specifying that the application is not subject to consideration and resolving in the civil procedure, since it was made with violation of jurisdiction rules, and must be considered in another proceeding.
Art. 134 of RF CPC regulates the procedure for judge’s ref...
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IN THE NAME OF THE RUSSIAN FEDERATION
Saint Petersburg June XX, 20XX
Magistrate of Court division # XXX, Saint Petersburg, XXXXXXXXXXX,
In presence of Secretary XXXXXXXXXXXXXXX,
Upon having considered in open hearing in the premises of the Court division located at: XXXXXXXXXXXXXXXXXXXXXX, Saint Petersburg, a civil matter
In the action of XXXXXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXXXXXXXXXXXXX for division of common property, by transferring to XXXXXXXXXXXXXXXXX apartment XXX in building number XXX on XXXXXXXXXXXXXX Prospect in Saint Petersburg and by transferring to XXXXXXXXXXXXXX apartment XXX in building number XXX on XXXXXXXXXX Prospect in Saint Petersburg, and for collection from XXXXXXXXXXXXXXX in favor of XXXXXXXXXXXXXXX of 1/2 cost of apartment # XXX in building number XXXXXXXXX on XXXXXXXXXXX Lane, Saint Petersburg, and legal expenses,
Established as follows:
The applicant, XXXXXXXXXXXXXXXXX applied to Court division # XXX, Saint Petersburg, with action against XXXXXXXXXXXXXXXX, for division of the spouses` common property where she asked the court to divide apartment XXX in building number XXX on XXXXXXXXXX Prospect in Saint Petersburg, by transferring XXXXXXXXXXXXXXX apartment # XXX in building number XXX on XXXXXXXXXXXXXXX Prospect in Saint Petersburg and by transferring XXXXXXXXXXX apartment XXX in building number XXX on XXXXXXXXXXXX Prospect in Saint Petersburg, by acknowledging the right of ownership to apartment XXX in building number XXX on XXXXXXXXXX prospect, Saint Petersburg, by XXXXXXXXXXXXX who lost his right of ownership to apartment XXX in building XXX on XXXXXXXXXXXX Prospect, Saint Petersburg, and motivated her claim by the fact that on July XX, 20XX, XXXXXXXXXXXXXXXXXXXXX, citizen of the Netherlands, and XXXXXXXXXXXXXXXXXXXX (maiden name – XXXXXXXXXXX), citizen of Russia, had their marriage registered in Helsinki Magistracy, Finland.
On May XX, 20XX, the...
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The minor daughter of Garry Kasparov and her mother were refused to exit RussiaQuestion:
I’ve read this article at http://www.fontanka.ru/2007/12/12/086/. I’m shocked! I wouldn’t imagine that it were possible in a democratic country. Can you comment it?
“The minor daughter of Garry Kasparov and her mother were refused to exit Russia due to reason of visa unavailability. The correspondent of Journalistic Investigations Agency (JIA) was informed about it at PR department of the RF FSB Frontier Administration in Leningrad region. Recall that Darya Tarasova, a spouse of Garry Kasparov, one of leaders of the Other Russia coalition, and their little daughter could not flight to Helsinki from the international airport of Pulkovo-2 in Saint Petersburg. As JIA correspondent was told in the Other Russia press service officers of Frontier Service had retained them under pretence of documents verification for “questions clearing up”. The plane took off without Kasparov’s wife and daughter. As JIA correspondent was informed in the RF FSB Frontier Administration in Leningrad region in compliance with the Law about entrance and exit of foreign citizens foreigners can exit Russia with identification document (passport) or Russian visa issued by a competent authority. The minor daughter of Garry Kasparov being a citizen of the USA arrived to the territory of Russia on the basis of writing in to the regular Russian traveling passport of her mother (at the same time the girl has the passport of her own – the passport of the USA citizen). During period of Darya Tarasova staying at her native country her passport had expired and she received a new one without writing her daughter in to the new passport. That is why the girl had to exit Russia on the basis of exit visa, which she hadn’t had. Garry Kasparov’s spouse was offered to execute the document”.
The answer to this question is out of politics; it completely lies in the law field. Entry and exit procedure to/from the Russian Federation is established by the RF ...
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A monogamy principle is a basis of regulations governing conclusion of marriages in Western countries and countries of the North America. Absence of a registered marriage is an essential condition for conclusion of a valid marriage.
Polygamous marriages are common in Muslim countries.
State registration exists in Muslim countries but it is not obligatory. Existence of a marriage registered in accordance with the established procedure is not an obstacle for a marriage ceremony marriage ceremony in a mosque.
Unfortunately the legal base of a Muslim marriage is insufficiently regulated at a statutable level. It is based on the Koran and the Sunna – fundamental sources of the law. Family and succession relationships, guardianship, relative responsibilities of spouses, parents and children, other relatives are regulated by the Koran and the Sunna. As for polygamous marriage, it is explicitly provided for by regulation 4:3 of the Koran: "… marry those women who are pleasant to you – two, and three, and four".
A Muslim is entitled to marry any woman apart from atheist. It is explained by the sheriat law according to which a husband having unlimited power in the family can proselytize his wife. But an ability of a man to support to all his wives financially is an essential condition for a Muslim marriage.
Muslim women can not marry a man of other religion. Laws of some Muslim countries provide for imprisonment of a woman who married a man of other religion.
A Muslim divorce is practically always initiated by a man who enjoys unlimited rights. A divorce procedure is simplified for a man: an verbal statement is enough for him as a head of the family. A marriage is considered dissolved in case a man says “You are not my wife” three times in public. But notwithstanding a formal equality of men in Islam, marriages among disadvantaged population are not dissolved so often due to expensiveness of legal procedures related to property and alimony issues, upbringing a...
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