Appeal against the court's decision on the recovery of alimony for the maintenance of a spouse
To the Civil Appeals Board
and administrative cases of the Almaty City Court
050000g. 66 Kazybek Bi Street, Almaty.
0201@sud.kz
From the defendant: …………………
IIN: ...........
050063, Almaty, md., d...
+7 (702) ….
…………@gmail.com
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
THE APPEAL
on the decision of the District Court No.2 Auezovsky district of Almaty dated December 22, 201.. years
December 22, 201...year of the District Court No .2 Auezovsky district of Almaty city as a part of the presiding judge ..........., with the participation of the plaintiff's representative ........., having considered the representative of the defendant Sarzhanova G.T. in open court, in the courthouse, using audio-video recording equipment, a civil case according to the claim of gr. ........, to gr. ........, on the recovery of alimony for the maintenance of the spouse, the Court decided: The claim of gr. ........,– satisfy.
Recover gr from the defendant. ........,, in favor of the plaintiff gr. ........, alimony for her maintenance in the amount of 15 (fifteen) monthly calculation indices valid at the time of payment of alimony, starting from October 30, 201.. until February 27, 20.. of the year. Recover gr from the defendant. ........, the amount of the state duty in the amount of 4,084.20 (four thousand eighty-four) tenge 20 tiyn is allocated to the local budget revenue. We consider the decision of the court of first instance to be unlawful, unjustified and subject to change on the following grounds: The plaintiff argues that, on August 31, 201.. The plaintiff married the defendant and lived with the defendant for 5 years.
They have a child under three years old from their marriage, who was born on 02/27/2011.. years. She is currently not working, as she is on leave to care for her child. She does not have a source of income for the maintenance of an underage child, as well as for accommodation. The Plaintiff does not have the opportunity to earn money because he constantly takes care of the child. The Defendant voluntarily does not provide financial assistance for the maintenance of the child and for the maintenance of the Plaintiff.
Appeal against the court's decision on the recovery of alimony for the maintenance of a spouse
We do not agree with the plaintiff's arguments, since when studying how a person works on social networks, we found that the Plaintiff actively works and earns on Instagram social networks, where more than 76,600 citizens of our country are subscribers (subscribers are customers) and has 699 publications of goods, which indicates a high passability / marketability of goods (you can make sure that following the link https://www.instagram.com/............../ ).
The plaintiff manufactures and sells Instagram on social media ...................... to beauty salons throughout the Republic of Kazakhstan, and the Plaintiff indicates his personal number in the contacts 8 707 ..........., according to which I, Rana, and the Plaintiff corresponded on the Whatsapp application (as evidenced by the screenshots in the applications). On average, such online sales generate revenues of about one million tenge per month. In online trading, goods are paid for through bank accounts in second-tier banks. In this regard, we have filed a motion for a court ruling to require second-tier banks to provide open cells and or current account statements on cash receipts.
Also, the Plaintiff's arguments that the Defendant does not voluntarily provide financial assistance do not correspond to reality, since the defendant and I personally have repeatedly been asked to return home, where my spouse and mother-in-law live. In January 201.. The plaintiff went to her home for a while without any compulsion and psychological, moral pressure. At that time, the defendant thought that the Plaintiff had birth psychosis after birth and took her to her parents for a while, however, after the expiration of time, the Plaintiff refused to return, demanding that the defendant leave his mother (pensioner) who is dependent on the defendant and lives separately with the plaintiff.
However, it was not possible to convince the Plaintiff of her selfish/immoral thoughts. However, the defendant did not worry about the security of his wife and baby, since when they lived together, they accumulated money in a joint marriage of about 7,000,000 tenge, which the Plaintiff deposited in her name in an open cell in Kazkommertsbank JSC before leaving, and accordingly took it with her and on which she still lives comfortably.
The plaintiff's arguments that she does not have the means to pay for a living are not true, since if you look at her personal Instagram page (you can click on the link and make sure Https://www.instagram.com/................ ) The plaintiff can be seen how luxuriously she lives (screenshots of the Instagram page see in the appendices) where is the Plaintiff in the most expensive SPA salons located in .............. She undergoes spa treatments, visits expensive restaurants and entertainment venues.
Appeal against the court's decision on the recovery of alimony for the maintenance of a spouse
Thus, the Plaintiff's arguments are that she is currently unemployed and has no source of income and no earning opportunities.
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