Dissolution of marriage | Divorce proceedings | Termination of marital relations
The District Court No. 2 of the Auezovsky district of Almaty, composed of the presiding judge A.A. Steinke, with secretary A. Moldabekov, having considered in open court the civil case on the claim of M.A.A. to M.A.A. for the dissolution of marriage. The plaintiff M.A.A. appealed to the court with the above-mentioned claim against the defendant M.A.A., arguing that on 29.10.1994 they entered into a registered marriage, the marital relationship was terminated. The parties to the marriage have two adult children: M.M. A., born on 09/02/1995, M.N.A., born on 12/21/1997. Living together with the defendant did not work out due to the dissimilarity of characters, lack of mutual understanding. Marital relations and further cohabitation with the defendant and the preservation of the family are impossible. He asks to end the marriage. The plaintiff M.A.A. did not appear at the court hearing, however, there is a statement in the case file about the consideration of the case in her absence, and therefore the court, in accordance with paragraph 6 of art.196 of the CPC RK, considers it possible to consider the case in the absence of the plaintiff who did not appear. The defendant M.A.A. did not appear at the court hearing, however, the case file contains a statement recognizing the claim and considering the case in his absence, and therefore the court, in accordance with paragraph 6 of art.196 of the CPC RK, considers it possible to consider the case in the absence of the defendant who did not appear. Having examined the case materials, the court considers the claims to be satisfied on the following grounds. As established by the case materials, according to the marriage certificate, the parties entered into a registered marriage on 29.10.1994, as indicated in the act No. 1861, the parties have no minor children from this marriage.
Dissolution of marriage | Divorce proceedings | Termination of marital relations
The parties to the marriage have two adult children: M.M. A., born on 09/02/1995, M.N.A., born on 12/21/1997. According to paragraph 1 of Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", the dissolution of marriage (matrimony) is carried out in court if the court finds that further joint life of the spouses and the preservation of the family is impossible. As established in the court session, there is no relationship between the spouses that promotes further joint life and the actual marital relationship has been terminated. According to Article 17 of the Code of the Republic of Kazakhstan "On Marriage (matrimony) and family", the dissolution of marriage (matrimony) in the registration authorities is carried out with mutual consent to the dissolution of marriage (matrimony) of spouses who do not have common minor children, and in the absence of property and other claims to each other. The court found that the defendant was avoiding the dissolution of the marriage. In accordance with paragraph 2 of Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", the dissolution of marriage (matrimony), according to which the dissolution of marriage (matrimony) is carried out in court in the following cases: the spouses have minor children, the absence of consent of one of the spouses to the dissolution of marriage (matrimony), if one of the spouses the spouses, despite the absence of objections from him, by their actions or inaction evades the dissolution of marriage (matrimony), the existence of property and other claims of the spouses to each other. Taking into account the circumstances outlined above, the court concludes that the plaintiff's claims for divorce are justified, further joint life of the spouses is impossible, therefore it is advisable to terminate the marriage in court. According to paragraph 1 of Article 23 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", upon dissolution of marriage in court, the marriage is terminated from the date of entry into force of the court decision. 109 of the Civil Procedure Code of the Republic of Kazakhstan, the court discussed the issue of court costs, therefore, a state duty in the amount of 681 tenge is to be collected from the defendant in favor of the plaintiff. Based on the above and guided by Article 19 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Articles 223-226 of the CPC RK, the court decided: To satisfy the claims of M.A.A. to M.A.A. about the dissolution of marriage.
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