The practice of considering civil cases of divorce
The Karasai District Court of the Almaty region filed a Claim for divorce with the AIU on November 08, 2013. AIU (Hereinafter referred to as the Plaintiff) entered into an officially registered marriage with a citizen of TAS (hereinafter referred to as the Defendant), have a minor child from a joint marriage:
AIF10. born in 2014.
Marital relations have been terminated since the beginning of 2020 due to regular quarrels over family and domestic problems. The relationship between the Plaintiff and the Defendant had been in an extreme situation for a long time before 2020. All thoughtless actions and quarrels have consequences, affecting the health, worldview and upbringing of the child. Further cohabitation with the defendant and the preservation of the family are impossible due to the behavior and attitude of the Parties to the family. The Plaintiff's minor son currently lives with 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).
The practice of considering civil cases of divorce
In accordance with paragraph 7 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan, claims for divorce may be filed at the place of residence if minor children live with him. 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 clause 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, the court was asked to terminate the marriage registered between the AIA and the Registry Office of the Karasai district of the Almaty region on November 08, 2013. On April 14, 2021, the Karasai District Court of the Almaty region, having considered in open court a civil case on the dissolution of marriage and guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy AIU's statement of claim. The marriage between AIU and TAS dated November 08, 2013, registered by the Registry office of the Karasai district of the Almaty region, according to act entry No. 50-137-0002450, must be terminated. The marriage is terminated from the date of entry into force of the court decision. Minor child of the parties: AIF son born on 02.10.2014, determine to live with the mother of the SAME.
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