There are no property disputes about the dissolution of a marriage in which there are no joint minor children.

 

Dear Court, considering that the parties do not have joint minor children, there are no property disputes, then according to the norms of art. 238 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", art. 152 and 279 of the CPC RK stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure have not been lost and preserved.  

Thus, on 05/21/2024, we applied to the Auezovsky district Department of the RAGS with an Application for state registration of the dissolution of marriage (matrimony).

On June 06, 2024, we received a response stating that the Defendant had not come to the institution and had not received an Application for divorce.

Subsequently, the RAGS authorities replied that we needed to file a lawsuit for the dissolution of the marriage in court.  

On September 06, 2021, A.Zh.Zh. (Hereinafter referred to as the Plaintiff), entered into an officially registered marriage with a citizen of the Republic of Kazakhstan, M.R. (Hereinafter referred to as the Defendant), as evidenced by the Marriage Certificate No. 50-556-21-0002078 dated 09/06/2021, there are no children from the joint marriage, and there are no property and other claims against each other.

The marriage was terminated due to the dissimilarity of the characters of the parties in 2022.

As of today, apart from his phone number, we do not know his permanent place of residence, work, etc. The defendant.

According to the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Article 19. 1. The dissolution of a marriage (matrimony) is carried out in court if the court finds that further joint life of the spouses and the preservation of the family are impossible. 2. The dissolution of a marriage (matrimony) in court is carried out in the following cases:: 1) the spouses have common minor children, with the exception of the cases provided for in paragraph 2 of Article 17 of this Code; 2) the lack of consent of one of the spouses to the dissolution of the marriage (matrimony) and so on.

Article 22. The Code stipulates the dissolution of marriage (matrimony) in court on other grounds: 1. If there is mutual consent to the dissolution of the marriage (matrimony) of spouses with common minor children, in the absence of property and other claims of the spouses to each other, the court may terminate the marriage (matrimony) without clarifying the reasons for the dissolution of the marriage (matrimony).

According to paragraph 2 of Article 19 of the Code, "The dissolution of marriage (matrimony) in court is carried out in the following cases::

2) the lack of consent of one of the spouses to the dissolution of the marriage (matrimony);

3) if one of the spouses, despite the absence of objections, by his actions or inaction evades the dissolution of the marriage (matrimony).

       In accordance with the "Rules for the organization of state registration of acts of civil status, amendments, restorations, cancellation of records of acts of civil status", approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated December 25, 2015. No. 112 (as amended by 28.05.2020, 13.08.2021, 25.03.2022, 29.07.2022, 30.09.2022, 01.07.2023,28.02.2024 G.) and the Standard for the Provision of Public Services "If one of the spouses, despite his absence of objections, by his actions or omissions evades the dissolution of marriage (matrimony) in the registration authorities (refuses to submit an appropriate application or, having submitted it, he does not wish to appear for registration of the dissolution of marriage (matrimony) at the registration authority) the dissolution of marriage is carried out in court."

In accordance with art. 29 of the CPC RK, a claim is filed in court at the defendant's place of residence. Also, Article 30 of the Civil Procedure Code of the Republic of Kazakhstan provides that claims for divorce may be filed at the plaintiff's place of residence when minor children live with him, with the exception of claims in cases under the jurisdiction of district (city) courts located within cities of republican significance and the capital, regional centers.

 

The Law and Law Law Firm and A.Zh.Zh. concluded an agreement No. 1805/24 for the provision of legal assistance (hereinafter referred to as the Agreement) in the amount of 250,000 tenge, as evidenced by the payment receipt for No. QR6502924957 dated 05/18/2024, according to which the Law and Law Law Firm provides the plaintiff with legal representation services. interests in all judicial instances in the above-mentioned civil case.

In accordance with paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.

According to article 103 of the Code of Civil Procedure, the procedure for payment and the amount of the state fee, as well as the grounds for exemption from payment, are determined by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget."

According to paragraph 1, paragraph 5 of Article 610 of the Tax Code of the Republic of Kazakhstan, the state duty on claims for divorce is 0.3 MCI.

Based on the above, guided by Articles 19-22 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" and Articles 30, 148-149 of the Civil Procedure Code of the Republic of Kazakhstan,

I ask the court:

·        To satisfy the claim of the Plaintiff A.J.J. to the Defendant M.R. on the dissolution of marriage;

· To terminate the marriage registered by the Auezovsky district department of the RAGS for No. 50-556-21-0002078 dated 09/06/2021 between A.J.J. and M.R.;

·        To collect representation expenses from the Defendant in favor of the Plaintiff in the amount of 250,000 tenge.

 

On July 25, 2024, case No. 7575-24-00-2/1871, the Alatau District Court of Almaty, consisting of: D.S. Aikulov, the presiding judge, and S. Magyarov, the secretary of the court session, considered the civil case in open court.: THE PLAINTIFF: DEFENDANT: MR PLAINTIFF'S CLAIMS: about THE dissolution OF THE marriage, THE COURT WAS ATTENDED BY: plaintiff's representative Sarzhanov G., defendant MR.

The plaintiff and the defendant have been married since September 06, 2021. They lived together until 2022. There are no common minor children from the marriage. The plaintiff filed a lawsuit for divorce, pointing out that living together with the defendant did not work out due to incompatibility of characters. The court did not receive a response to the claim from the defendant.

The plaintiff's representative supported the claim and explained that at present, further cohabitation and family preservation are impossible, there is no dispute about the division of jointly acquired property. Requests to satisfy the claim.

The defendant is MR. at the hearing, he objected to the dissolution of the marriage, in connection with which the parties were given a period for reconciliation, which did not give positive results.

According to Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), the dissolution of marriage (matrimony) is carried out in court if one of the spouses, despite the absence of objections, evades the dissolution of marriage (matrimony) by his actions or inaction. The dissolution of the marriage in the RAGS department did not take place due to the lack of consent of one of the spouses to the dissolution of the marriage, as evidenced by the referral to the court dated June 06, 2024.

In accordance with subparagraph 2) According to paragraph 2 of Article 19 of the said Code, the dissolution of a marriage (matrimony) in court is also carried out in cases where one of the spouses does not consent to the dissolution of the marriage (matrimony). In addition, according to paragraph 3 of Article 19 of the Code, the dissolution of a marriage in court is carried out no earlier than one month from the date of filing an application for divorce by the spouses. Since the marital relations between the parties have actually been terminated, attempts at reconciliation have been unsuccessful, the court considers the claim to be fully satisfied. According to the first part of Article 109 of the CPC, the court awards the party in whose favor the decision was made, on the other hand, all court costs incurred in the case, namely representation costs in the amount of 250,000 tenge.

Guided by Articles 223-226 of the CPC,

The court DECIDED: To satisfy the claim of AZH to MR about the dissolution of the marriage. The marriage between A LJ and MR was registered on September 06, 2021 by the Department of Civil Registration of the Auezovsky district of Almaty, registration record No. 50-556-21-0002078 - terminate. To collect from the MP in favor of AZH representative expenses in the amount of 250,000 / two hundred and fifty thousand / tenge.

The marriage is considered terminated from the moment the decision comes into legal force.

 

 

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