Appeal against the court's decision on the recovery of alimony for the maintenance of a spouse

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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

Proxy representative: Galymzhan Turlybekovich Sarzhanov

IIN: 850722301036. Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202,

Business center Quarter. 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 ........., the representative of the defendant, Sarzhanova G.T., having considered the civil case in open court, in the courthouse, using audio-video recording equipment 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 effective at the time of alimony payment, 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 illegal, unjustified and subject to change on the following grounds:

The plaintiff motivates his arguments 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.

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, Rane, 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 /................  If the Plaintiff is not present, then you can see how luxuriously she lives (see screenshots of the Instagram page in the applications) where the Plaintiff is in the most expensive SPA salons located in .............. She undergoes spa treatments, visits expensive restaurants and entertainment venues.Thus, the Plaintiff's arguments that she is currently unemployed and has no source of income and there is no way to earn money for a living wage in connection with caring for a child are not confirmed. Also in the Statement of Claim, the Plaintiff indicated that the defendant has the opportunity to pay alimony as he works for LLP ........ and at the University. ................, where the alleged permanent earnings amount to ..00 000 tenge and Requests the Court to collect from the defendant a fixed sum of 100,000 tenge until the child reaches 3 years of age.  We provided evidence to the Court that, according to the Plaintiff's arguments, the defendant's permanent earnings amount to . 00,000 tenge, since the defendant never earned such money during marriage, we do not know where the Plaintiff's fantasies come from. According to the issued official certificate of the LLP's salary … The defendant really works for the LLP.... (a small business entity) in the position of Director, and the monthly income is 108 .... tenge, of which 10 ... tenge are transferred to pension contributions, 7,317 tenge are transferred to Individual Income tax.

 

In total, the Defendant receives an amount of 90,309 tenge per month. The Plaintiff's arguments that the Defendant works in parallel at the University ... are not true (as evidenced by the certificate in the appendices) since the defendant and Rane did not work at the university. In order to get a teaching internship at the University, Defendant Rane participated in various programs free of charge and helped students receive education since the Defendant graduated from the same university. To date, the Defendant is living with an elderly mother (retired by age) in the same house where Rane lived together and the Plaintiff, which can be confirmed by the plaintiff herself. And the defendant does not have income such as the Plaintiff thinks, and a set of the above studies shows that the plaintiff lives in very comfortable conditions than the defendant.From the above circumstances, it follows that all of the Plaintiff's arguments are unfounded, in addition, the female component of emotional desire and how to harm / take revenge on the former spouse prevails supremacy than sober reason.According to Article 147.

The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family states in the Duties of spouses on mutual maintenance: Spouses are obliged to financially support each other. In case of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following persons have the right to demand the provision of alimony in court from the other spouse who has the necessary funds for this: the disabled spouse in need; the spouse during pregnancy and within three years from the date of birth of the common child; a spouse in need who takes care of a common disabled child until they reach the age of eighteen, as well as, in the case of a common disabled child upon reaching the age of eighteen, I - II disability groups.Article 149 of the Code also states that In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied on the spouse (former spouse) in court is determined by the court based on the material and marital status of the spouses (former spouses) and other noteworthy interests of the parties in multiple of the monthly calculation index in force at the time of the alimony payment.

 

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       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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