Disputes related to the dissolution of marriage
P. sued L. for the dissolution of the marriage and the determination of the share in the property, arguing that during the marriage with L., an apartment building was purchased at 26 Pishchevaya Street, Kazybek bi district, Karaganda (hereinafter referred to as the disputed house). The marital relationship with the defendant was terminated due to the latter's departure for permanent residence in Germany. He asked to dissolve the marriage and determine his share in the disputed house in the amount of 1/2 part. By the decision of the district court No. 2 of the Kazybekbiysky district of Karaganda city dated September 10, 2019, the claim was satisfied. It was decided: to terminate the marriage between P. and L., registered by the Registry Office of the city of Dzhetygara, Kostanay region. Determine the share of P. in the amount of 1/2 of the total property of the spouses in the form of a residential building at the address: 26 Pishchevaya Street, Kazybek bi district, Karaganda. By the ruling of the judicial Board for Civil Cases of the Karaganda Regional Court dated August 12, 2020, the decision of the court of first instance was overturned, and the proceedings were terminated. The Judicial Board for Civil Cases of the Supreme Court upheld the ruling of the appellate instance on the following grounds. It follows from the case file that the parties had been married since September 15, 1986. During the marriage, the parties acquired a disputed apartment building. Appealing to the court, P. argued that the marital relations between the spouses had been terminated and they had not lived together for a long time due to the defendant's move to Germany. The Court of first instance, referring to Article 38 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", dissolved the marriage and determined the shares in the disputed property of the spouses to be equal. On April 13, 2020, P. died.
Disputes related to the dissolution of marriage
By the ruling of the district court No. 2 of the Kazybekbiysky district of the city of Karaganda dated June 26, 2020, L.'s petition to restore the time limit for appealing the court decision of September 10, 2019 was satisfied. The deadline for filing an appeal against a court decision has been restored. The court of appeal, on the basis of subparagraph 7) of Article 277 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), overturned the decision of the court of first instance and terminated the proceedings, stating that after the death of plaintiff P., the disputed legal relationship does not allow succession. The board agrees with the conclusion of the court of appeal on the need to overturn the decision of the court of first instance, since it was established that the defendant was not properly notified, therefore she did not participate in the consideration of the case, i.e. she was deprived of the opportunity to present evidence in the case and express her position on the claim. The court of first instance committed a significant violation of the norms of procedural law, which led to the unconditional cancellation of the judicial act. The board also agrees with the conclusion of the court of appeal that the disputed legal relations do not allow for succession, since they are inextricably linked to the identity of the plaintiff, which is why the appeals board reasonably terminated the proceedings due to the plaintiff's death. The arguments of the person concerned, I., that the contested judicial act affects her rights as P.'s heir are not sound, since she is not deprived of the opportunity to file an independent claim with the court in the event of a dispute over inherited property.
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