Dissolution of Marriage through Court Proceedings in Case of Absence, Refusal or Ignoring of the Divorce by the Other Party
On April 5, 2003, a marriage was registered between the Plaintiff KZhK and the Defendant KKE, marriage registration record No. 56-39-16-542740 in the Marriage Registration Book, registration authority – the State Institution “Office of the Akim of Talgar District.” The Plaintiff applied to the court, stating that the spouses have no common minor children, that family life with the Defendant has not worked out, that preservation of the family and further life with the Defendant are impossible, that marital relations between the spouses have been terminated since 2010, and that the spouses have not communicated with each other since the same period.
Due to the Defendant’s failure to appear before the registration authority to submit a joint application or an application consenting to the dissolution of marriage, it is not possible to dissolve the marriage out of court. In this regard, the Plaintiff requests that the marriage (matrimony) with the Defendant be dissolved.
At the court hearing, the Plaintiff supported the claim and requested that it be granted. She explained that she had not communicated with the Defendant since 2010, and that his whereabouts and occupation were unknown to her. The Defendant ignores confirmation of online applications for dissolution of marriage. The case was considered in the absence of the Defendant, who had been duly notified of the time and place of the court hearing, due to his failure to appear being deemed unjustified.
Pursuant to paragraph 1 of Article 19 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (hereinafter – the Code), dissolution of marriage (matrimony) through court proceedings shall be carried out if the court establishes that further cohabitation of the spouses and preservation of the family are impossible.
Such circumstances have been established by the court. Marital relations between the parties have been terminated since 2010; preservation of the family is impossible, since the spouses have not been living together for a long period of time.
Pursuant to subparagraph 3) of paragraph 2) of Article 19 of the Code, dissolution of marriage (matrimony) through court proceedings shall be carried out if one of the spouses, despite having no objections, evades dissolution of marriage (matrimony) through his or her actions or inaction.
The court also takes into account that the Plaintiff applied to the registration authority with an application for dissolution of marriage; however, due to the Defendant’s failure to appear and the absence on his part of an application or consent to the dissolution of marriage, it was not possible to dissolve the marriage out of court. Due to the Defendant’s indifferent attitude towards the marriage, the Plaintiff is deprived of the opportunity to dissolve the marriage in any manner other than through court proceedings.
In view of the above circumstances, the court considers that the claim for dissolution of marriage is subject to satisfaction.
Upon filing the claim for dissolution of marriage, the Plaintiff paid a state duty in the amount of KZT 1,180.
At the same time, the Plaintiff does not seek reimbursement by the Defendant of the state duty paid.
The court explains to the parties that disputes concerning the division of jointly acquired property are subject to a three-year limitation period, which shall be calculated in accordance with the rules of Article 180 of the Civil Code of the Republic of Kazakhstan.
In the event of a dispute, division of the spouses’ common property, as well as determination of the spouses’ shares in such property, shall be carried out through mediation or in court proceedings in accordance with part three of Article 37 of the Code.
After dissolution of the marriage, the Plaintiff shall retain the surname Ka.
Guided by Articles 223–226 of the Civil Procedure Code, the court
DECIDED:
To grant the claim of KZhK for dissolution of marriage.
To dissolve the marriage between KZhK and KKE, registered on April 5, 2003, in the Marriage Registration Book under record No. 56-39-16-542740, registration authority – the State Institution “Office of the Akim of Talgar District.”
The marriage shall be deemed terminated from the moment the decision enters into legal force.
After dissolution of the marriage, the Plaintiff shall retain the surname Ka.
Court costs and expenses shall be borne by the Plaintiff herself.
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