Statement of claim for divorce between spouses
Specialized Inter-District Court for juvenile affairs of the city of Almaty
Applicant: ka Abdukhalievna
Yin: .....
Almaty, 050000, Nauryzbay district, IP Alma City, .....
+7 747 ...
....
Attorney lawyer Sarzhanov Galymzhan Turlybekovich
Legal office" law and law"
Bin 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly
district, abylai Khana Avenue, house 79/71, office 304.
e-mail: info@zakonpravo.kz website: www.zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Defendant: BNA
Yin ....
+7 747 ....
Almaty, 050000, Nauryzbay district, IP Alma City, .....
Statement of claim
(on divorce)
On May 13, 2010, ka Abdukhalievna (hereinafter referred to as the plaintiff) and BNA (hereinafter referred to as the defendant) entered into a legal marriage. There are minor children from a common marriage. They are:
* Arsen N, born on 11.10.2010, IIN .....;
* Born on 08.07.2014 in Almaty, IIN .....
The termination of the marriage relationship consists in the fact that the defendant does not pay attention to the plaintiff and children, does not provide material assistance.
All thoughtless actions and conflicts lead to consequences that affect the health, worldview and upbringing of children. Further coexistence with the defendant and the preservation of the family is not possible due to the behavior and attitude of the defendant towards the family. Minor children currently live with the plaintiff.
In accordance with Article 19 of the Code of the Republic of Kazakhstan "on marriage (matrimony) and family", the dissolution of marriage (matrimony) in court is carried out in the following cases: if the court determines that it is impossible for the spouses to further live together and preserve the family, the dissolution of marriage (matrimony) is carried out in court, except in cases provided for in Paragraph 2 of Article 17 of this code, the dissolution of marriage (matrimony) is carried out in cases where the spouses have common minor children; in cases where one of the spouses does not have consent to terminate the marriage (matrimony), etc.
Article 22 of this Code provides for the dissolution of a marriage (matrimony) in court on other grounds: in case of dissolution of a marriage (matrimony) in court, the spouses may submit for consideration to the court the agreement on which of their minor children they live with, the procedure for paying funds for the maintenance of children and (or) an incapacitated needy spouse, the amount of these funds or the agreement on the division of the common property of the spouses. The court decision indicates the surnames of the spouses after the dissolution of the marriage (matrimony).
In accordance with paragraph 7 of Article 30 of the code of Civil Procedure of the Republic of Kazakhstan, claims for divorce may be filed at the place of residence when minor children live with him.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties independently choose their position in the course of civil proceedings, methods and means of its protection, independently of the court and other bodies and persons.
Expenses related to the activities of a lawyer (lawyer) the fee for the services of a lawyer is the expense of the plaintiff.
Article 109 of the APK of the Republic of Kazakhstan. For the distribution of court expenses between the parties, the court shall charge all court expenses incurred in the case to the party in whose favor the decision was made from the other party. If the claim is partially satisfied, then the expenses are charged to the plaintiff – in proportion to the amount of the claim claims satisfied by the court, and to the defendant in proportion to the part in which the claim claims were denied.
In accordance with Article 113 of the Civil Code of the Republic of Kazakhstan, the court, at the request of the party in favor of which the decision was made, charges the expenses for payment for the assistance of a representative (several representatives) who participated in the process and are not in an employment relationship with this party in the amount of the actual expenses of the party.
The total amount of these expenses for property claims should not exceed ten percent of the satisfied part of the claim. The amount of expenses for claims of a non-property nature is collected within reasonable limits, but it should not exceed three hundred monthly calculation indices.
Based on this article, Zhaupker applied for legal assistance to the legal office "Law and Law", concluded an agreement No. 1505/26 and paid 500,000 tenge to the personal account of the office. Proof of this was the contract and the receipt given by Caspi Pei.
In accordance with Article 103 of the code of Civil Procedure, the procedure and amount of payment of the state duty, as well as the grounds for exemption from its payment, are determined by the code of the Republic of Kazakhstan "on taxes and other mandatory payments to the budget".
In accordance with paragraph 5 of Article 610 of the tax code of the Republic of Kazakhstan, the state fee for divorce claims 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 Code of Civil Procedure Of The Republic of Kazakhstan,
We ask the court,
* The plaintiff Ka Abdukhalievna satisfies the claim for divorce filed against the defendant bnana;
* Write the number No. 50-273-10-1000415 registered in the registry office of Tolebi District of South Kazakhstan region as of May 13, 2010.;
· 500,000 tenge paid for the assistance of a lawyer in favor of the defendant, the plaintiff – to recover.
With respect,
Representative by power of attorney: G. T. Sarzhanov
Attention!
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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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