Case № XXXXXXXXX
Accepted by the court on the 13th of May 2013
Proceedings initiated on the 20th of May 2013
IN THE NAME OF THE RUSSIAN FEDERATION
19 June 2013 Novosibirsk
Justice of the Peace of Judicial District № 7 of Kirovsky Judicial District of Novosibirsk XXXXXXXXXXXXXXXX,
in the presence of Secretary XXXXXXXXXXXXXX,
in open court considered the civil case initiated on the grounds of the action for divorce brought by Plaintiff (XXXXXXXXXXXXXXXXXXXXXX) against Defendant (XXXXXXXXXXXXXXXXXXXXXXXXXXX), and
Plaintiff initiated the abovementioned action for divorce stating in the statement of claim that he married Defendant on the 28th of December 2007 and that they have been separated since November 2012.
No children were born in the marriage. The marriage is irretrievably broken and the defendant avoids dissolution of the marriage by Vital Record Authorities. Based on the above the plaintiff requested to dissolve the marriage.
Plaintiff didn’t appear before the court. He was duly notified of the place and date of the hearing. The plaintiff failed to inform the court about a reason of nonappearance. The plaintiff submitted a written request to try the case in his absence.
Defendant didn’t appear before the court. She was duly notified of the place and date of the hearing by means of serving of a summon but she didn’t contact the post office in order to receive the summon, which the Court considers to be avoidance of appearance before the court. The defendant failed to inform the court about a reason of nonappearance.
Based on the above the court finds it possible to try the case by default.
Having studied the materials of the case the court has come to the following conclusion.
According to Art. 22, part 1 of the Family Code of the Russian Federation, a court shall dissolve a marriage if it is established that the spouses cannot live together and reconciliation is impossible.
The fact of registration of the marriage between the plaintiff and the defendant is confirmed by the marriage certificate issued on 28.12.2007 (case file sheet 35).
Based on the statement of claim and the plaintiff’s explanations the court has established that the plaintiff insists on dissolution of the marriage stating that reconciliation is impossible. The defendant didn’t argue this statement, for which reason the court has come to the conclusion that the marriage is irretrievably broken, reconciliation is impossible and the plaintiff’s claim for dissolution of the marriage shall be satisfied.
Based on Art. 194-198, 233-235 of the Code of Civil Procedures of the Russian Federation the Justice of the Peace does hereby
satisfy the claim.
dissolve the marriage between parties registered by Marriage Palace № 4 of the Main Department of Vital Records of Moscow on the XXth of December 20XX (register record № XXXX).
The defendant is entitled to apply for review of this judgment within 7 days from the date of delivery hereof to her.
This judgment may be appealed by the parties to the Kirovsky Judicial District of Novosibirsk within one month from the date of expiration of the time-limit set for filing of a petition for the annulment of this default judgment or within a month from the date of rejection of such petition.
The default judgment was delivered on 24.06.2013.
Justice of the Peace
Justice of the Peace /Signature/
The judgment became final on 20.08.2013.