The Application form for the taking of evidence
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Auezovsky district Court No. 2 of Almaty
To the judge ................
The Republic of Kazakhstan, the city of Almaty,
050062, Kuanyshbayeva St., 44 "A".
From the Defendant: ………
IIN: ...........
050063, Almaty, md. ..., d.....
+7 (702) …………….
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
THE PETITION
on the demand for evidence
Q, is there a civil case in your case №............... dated 10/30/20.... of the year according to the claim of gr. .........., to gr. .........., Oh recovery of alimony for the maintenance of a spouse, who justifies her claims that on August 31, 20.... She married the defendant for two years and lived with the defendant together for up to 5 years. They have a child under three years old from their marriage, who was born on 02/27/2017. 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 ...........). The plaintiff manufactures and sells Powdered sugar on Instagram social networks for ....... to beauty salons throughout the Republic of Kazakhstan, and the Plaintiff indicates his personal number in the contacts 8 707 ......., according to which I, Rana, 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 connection with this, we request that a court order be issued to require second-tier banks to issue statements on current accounts of cash receipts.
The Application form for the taking of evidence
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 2017, the Plaintiff, without any compulsion or psychological or moral pressure, temporarily went to her home. At that time, the defendant thought that the Plaintiff had postpartum psychosis 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 before leaving an open account with Kazkommertsbank JSC, 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 ..................) The plaintiff can be seen how luxuriously she lives (screenshots of the Instagram page see in the appendices) where the Plaintiff undergoes spa treatments in the most expensive SPA salons located in Esentai Mall, 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 an LLP ............... And at the University ..................., where is the supposedly permanent earnings amount to 400,000 tenge and the Court asks: To collect from the defendant a fixed sum of 100,000 tenge until the child reaches 3 years of age. Dear Court, the Plaintiff's arguments that the defendant's permanent earnings amount to 400,000 tenge are erroneous, since the defendant never earned such money during marriage, we do not know where the Plaintiff's fantasies come from. According to the official salary certificate issued by the LLP ........... The defendant actually works for an LLP ............. (a small business entity) in the position of Director, and the monthly income is 108,473 tenge, of which 10,847 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 at the University in parallel .............. not true (as evidenced by the help in the applications) since the defendant and Rane did not work at the university. The defendant, Rane, participated in various programs free of charge at the University in order to get a teaching internship on a voluntary basis and helped students to get an education, since the Defendant graduated from the same university. To date, the Defendant lives with his elderly mother (an elderly pensioner) in a rented house where Rane lived together and the Plaintiff, which the plaintiff herself can confirm. And the defendant does not have such incomes as the Plaintiff thinks, but on the contrary, it can be seen from the above-mentioned studies that the plaintiff lives in very comfortable conditions than the defendant.
The Application form for the taking of evidence
From the above circumstances, it follows that all the arguments of the Plaintiff are not substantiated, in addition, the female component of emotionality and how to harm / take revenge on the former spouse prevails over the rule of sober reason.
46 of the Civil Procedure Code of the Republic of Kazakhstan Rights and obligations of persons participating in the case Persons participating in the case have the right to get acquainted with the case materials, make extracts from them and make copies; file challenges; present evidence and participate in their study; ask questions to other persons participating in the case, witnesses, experts and specialists; submit petitions, including for measures to secure the claim, to provide evidence, to request additional evidence, and to apply conciliation procedures; provide oral and written explanations to the court; to present their arguments on all issues arising during the trial; to object to petitions and arguments of other persons participating in the case; to participate in court debates; to get acquainted with the minutes of the court session and submit written comments on it; to appeal decisions, rulings and court orders; to enjoy other procedural rights granted by the legislation of the Republic of Kazakhstan on civil legal proceedings. Based on the above, guided by Article 46 of the Civil Procedure Code of the Republic of Kazakhstan,
I ask the court:
For the purpose of comprehensive, complete and objective consideration of the said civil
cases are to be claimed from second-tier banks for statements on current accounts and information on cash receipts to the Plaintiff.
With respect,
Representative by proxy:
________________/Sarzhanov G.T.
Attention!
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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