Parminne Pitamber v. Lakeram Shivbaran

Summary

The Third District Court of Appeal of Florida affirmed the denial of the former wife's relocation petition because the trial court's findings were supported by competent, substantial evidence. The court reversed the denial of equitable distribution of the marital residence, holding that the ruling impermissibly sanctioned the former wife for previously contesting the validity of the marriage, and remanded for further proceedings.

Holdings

1. The trial court's denial of the former wife's relocation petition was proper because its evaluation of the statutory relocation and best-interests factors was supported by competent, substantial evidence.
2. The trial court erred by denying equitable distribution of the marital residence because that ruling imposed an impermissible sanction on the former wife for previously contesting the validity of the marriage without success.

Questions Presented

1. Whether the trial court erred in denying the former wife's petition for relocation.
2. Whether the trial court improperly denied equitable distribution of the marital residence as a sanction for the former wife's unsuccessful challenge to the validity of the marriage.

Disposition

reversed_and_remanded