A lawsuit on the dissolution of marriage
Alatau District Court of Almaty
Almaty, Shanyrak-2 microdistrict, Zhankozha Batyr str., 26
+7 (727) 333‒14‒01, +7 (727) 333‒14‒04
Plaintiff: A.J.J.
IIN....
Almaty, md. o., d., sq. 10.
8 747 ..
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 578 57 58.
Defendant: M.R.
IIN .
+7 778 .
the place of residence and place of work is not known.
The claim
about the dissolution of marriage
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 a marriage (matrimony) in court on other grounds: 1. If there is mutual consent to the dissolution of a 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, evades the dissolution of the marriage by his actions or omissions.
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 inaction 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.
With respect,
Proxy Representative lawyer: Sarzhanov G.T.
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