DEFAULT JUDGMENT
IN THE NAME OF THE RUSSIAN FEDERATION
29 December 2012
The Justice of the Peace of Judicial District № XX, in the presence of the Secretary
having notified the parties
in open court considered the civil case initiated on the grounds of the action for divorce brought by XXXXXXXXXXXXXXX against XXXXXXXXXXXXXXX, and
DISCOVERED THAT:
On the 7th of September 2012 Plaintiff initiated the action for divorce against Defendant (hereinafter referred to as “the defendant”) stating in the statement of claim that he married the defendant on the 21st of January, 1997. The following minor children were born in the marriage: XXXXXXXXXXXXXXXXXXXX, born on the XXXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXXXX, born on the XXXXXXXXXXXXXXXXXXX. The marriage is irretrievably broken and the marital relationship ended in 2011.
The Plaintiff requested termination of the marriage.
Plaintiff's attorney, Karina Krasnova, applied for trial of the case in her and the plaintiff’s absence and affirmed the plaintiff’s claims.
The Defendant didn’t appear before the court after being duly notified of the place and date of the hearing.
Having studied the written proofs the court has come to the following conclusion.
According to Art. 22, part 1 of the Family Code of the Russian Federation, the court shall dissolve a marriage if it is established that the spouses cannot live together and reconciliation is impossible.
According to Art. 22, part 3 of the Family Code of the Russian Federation, a marriage shall be terminated if reconciliation efforts failed and the spouses (one of them) insists on termination of the marriage.
The court has established that the parties are legally married. The marriage is irretrievably broken and the marital relationship ended in 2011. Reconciliation efforts failed and the plaintiff insists on termination of the marriage, which is confirmed by the plaintiff’s attorney (case page 35). Under such circumstances the court has come to the conclusion that the plaintiff’s claim for termination of the marriage shall be satisfied. Given that reconciliation and resumption of marital relations is impossible, the plaintiff’s claim for termination of the marriage shall be satisfied.
Based on the above and Art. 21-24 of the Family Code of the Russian Federation, and Art. 194-198 of the Code of Civil Procedures of the Russian Federation the Justice of the Peace does hereby
RESOLVE TO:
dissolve the marriage between XXXXXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXXXXXXX (premarital surname - XXXXXXXXXXXXX) registered by the Main Department of Vital Records of XXXXXXXXX on the 21st of January, 1997 (register record № XXX).
The defendant is entitled to apply for review of the judgment within 7 days.
This judgment may be appealed to District Court through Judicial District within 15 days.
Justice of the Peace /Signature/
Seal:
True copy
Justice of the Peace /Signature/
The judgment was not appealed and became final on the 7th of February 2013.
Justice of the Peace /Signature/
Seal: (Judicial District № 15 of Obninsk, Kaluga Region)