A lawsuit for the dissolution of marriage in a specialized Interdistrict Juvenile Court
To the Specialized Inter-District
Court for Juvenile Cases of Almaty
Plaintiff: KA Abdukhaliyevna
IIN: .....
Almaty, 050000, Nauryzbay District,
Almaty City residential complex, .....
+7 747 ...
....
Authorized Representative, Attorney
Sarzhanov Galymzhan Turlybekovich
“Zan zhane Kukyk” Law Office
BIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly District,
Abylai Khan Avenue, Building 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
IIN ....
+7 747 ....
Almaty, 050000, Nauryzbay District,
Almaty City residential complex, .....
STATEMENT OF CLAIM
(for divorce)
On May 13, 2010, KA Abdukhaliyevna (hereinafter referred to as the “Plaintiff”) and BNA (hereinafter referred to as the “Defendant”) entered into a lawful marriage. There are minor children from the marriage. They are:
· A Arsen N, born on 11 October 2010, IIN .....;
· A Almat N, born on 8 July 2014, IIN ......
The reason for termination of the marital relationship is the Defendant’s failure to pay attention to the Plaintiff and the children and failure to provide material assistance.
All thoughtless actions and conflicts lead to consequences affecting the health, worldview and upbringing of the children. Further cohabitation with the Defendant and preservation of the family are impossible due to the Defendant’s behavior and attitude towards the family. The minor children currently live together with the Plaintiff.
Pursuant to Article 19 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, dissolution of marriage (matrimony) through court proceedings shall be carried out in the following cases: if the court establishes that further cohabitation of the spouses and preservation of the family are impossible, dissolution of marriage (matrimony) shall be carried out through court proceedings; dissolution of marriage (matrimony) shall be carried out through court proceedings where the spouses have common minor children, except for the cases provided for by paragraph 2 of Article 17 of this Code; where one of the spouses does not consent to dissolution of the marriage (matrimony), and in other cases.
Article 22 of the said Code provides for dissolution of marriage (matrimony) through court proceedings on other grounds: when a marriage (matrimony) is dissolved through court proceedings, the spouses may submit to the court for consideration an agreement on which of them the minor children will reside with, the procedure for payment of funds for the maintenance of the children and/or the needy disabled spouse, the amount of such funds, or on the division of the common property of the spouses. The court decision shall indicate the surnames of the spouses after dissolution of the marriage (matrimony).
Pursuant to paragraph 7 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan, claims for divorce may be brought at the place of residence of the claimant when minor children reside with him/her.
Pursuant to Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties independently choose their position, methods and means of protecting it during civil proceedings, independently of the court and other bodies and persons.
Expenses related to the services of an attorney (lawyer) constitute the Plaintiff’s expenses.
Article 109 of the CPC of the Republic of Kazakhstan. Distribution of Court Costs between the Parties
The court shall award to the party in whose favor the decision was rendered all court costs incurred in the case from the other party. If the claim is satisfied in part, the costs shall be awarded to the Plaintiff in proportion to the amount of the claims satisfied by the court, and to the Defendant in proportion to the part of the claims denied to the Plaintiff.
Pursuant to Article 113 of the CPC of the Republic of Kazakhstan, at the request of the party in whose favor the decision was rendered, the court shall recover from the other party the expenses for payment for the assistance of a representative who participated in the proceedings and was not in an employment relationship with that party, in the amount of the expenses actually incurred by the party.
For property claims, the total amount of such expenses shall not exceed ten percent of the satisfied part of the claim. For non-property claims, the amount of expenses shall be recovered within reasonable limits, but shall not exceed three hundred monthly calculation indices.
Based on the above article, the Defendant applied to the “Zan zhane Kukyk” Law Office for legal assistance and entered into Agreement No. 1505/26, and paid 500,000 tenge to the office’s bank account. This is evidenced by the Agreement and the receipt issued by the Kaspi Pay application.
Pursuant to Article 103 of the Civil Procedure Code, the procedure and amount of payment of the state duty, as well as the grounds for exemption from its payment, shall be determined by the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget”.
Pursuant to paragraph 5 of Article 610 of the Tax Code of the Republic of Kazakhstan, the state duty charged on statements of claim for divorce is 0.3 MCI.
Based on the foregoing, 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,
We ask the Court to:
· Satisfy the statement of claim for divorce filed by Plaintiff KA Abdukhaliyevna against Defendant BNA;
· Dissolve the marriage between Plaintiff K A.A. and Defendant B N.A., registered on May 13, 2010 at the Civil Registry Office of Tolebi District, South Kazakhstan Region, under record No. 50-273-10-1000415;
· Recover from the Defendant in favor of the Plaintiff 500,000 tenge paid for the assistance of an attorney.
Respectfully,
Representative under Power of Attorney: G.T. Sarzhanov
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