Translated from Russian
IN THE NAME OF THE RUSSIAN FEDERATION
09 January 2014
The Court consisting of the Presiding Justice of the Peace of Judicial District № XX of Yasenevo District, Moscow, XXXXXX, acting for the Justice of the Peace of Judicial District № XX of Yasenevo District, Moscow, in the presence of Secretary XXXXXXXXXX,
in open court considered the civil case initiated on the grounds of the action for divorce brought by XXXXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXXX, and
The plaintiff initiated the abovementioned action for divorce stating that he had been married to the defendant since the 8th of October 1999. A minor child (daughter) was born in the marriage on the 10th of August 2000. The marriage is irretrievably broken. The parties have been separated and living in different countries for over a year, which prevents then from moving on in life. There is no dispute regarding property division, child custody or child support.
Neither plaintiff XXXXXXX nor his attorney Karina Krasnova appeared before the court. They were duly notified of the place and date of the hearing. The plaintiff submitted a statement in affirmation of the claim and a written request for trial of the case in his absence.
Defendant appeared before the court; she didn’t admit the claim as she believed that the marriage could be salvaged. XXXXXXXXXX stated that she and her husband had been separated for about three years, that they hadn’t been running a joint household and didn’t have joint family budget and that the plaintiff had been financially supporting his child. The reconciliation failed as the plaintiff didn’t reply to the defendant’s e-mails.
Under the circumstances, the court found it possible to try the case in the absence of the plaintiff and the plaintiff’s attorney based on Art. 167 of the Code of Civil Procedures of the Russian Federation.
Having heard the defendant and having studied the materials of the case the court came to the conclusion that the claim shall be satisfied in full.
According to part 1 of Art. 160 of the Family Code of the Russian Federation, a marriage between a citizen of the Russian Federation and a foreign national or a stateless person as well as a marriage between foreign nationals on the territory of the Russian Federation can be dissolved in accordance with the laws of the Russian Federation.
According to part 2 of Art. 16 of the Family Code of the Russian Federation, a marriage can be dissolved upon application of one or both spouses. According to Art. 21 of the Family Code of the Russian Federation, a marriage shall be dissolved by judicial means if the spouses have common minor children or one of the spouses doesn’t agree to the dissolution of the marriage. According to Art. 22 of the Family Code of the Russian Federation, a court shall dissolve a marriage if the court established that the spouses cannot live together and reconciliation is impossible.
The court established that the parties had been married since the 8th of October 1999 (case file page 6). The parties have a common minor child, born on the 10th of August 2000 (case file page 7).
According to the defendant the minor child is registered at the mother’s address and lives with the mother, which is confirmed by an extract from the house register (case file page 14).
According to the materials of the case, there is no property dispute between the parties as of the date of the hearing. The spouses have been separated for about three years. The plaintiff financially supports his minor daughter.
The court established that the reconciliation had failed and the plaintiff insisted on dissolution of the marriage.
Under the circumstances, the court came to the conclusion that the marriage is inevitably broken, the spouses cannot live together and the marriage cannot be salvaged, therefore the plaintiff’s claim for divorce shall be satisfied.
Based on the above and Art. 16, 21, 22 of the Family Code of the Russian Federation and Art. 167, 194-198 of the Code of Civil Procedures of the Russian Federation the Justice of the Peace does hereby
dissolve the marriage between XXXXXXXXXXXXXX, and XXXXXXXXXXXXXX (premarital surname – Ivanova), registered on the 8th of October 1999 at Marriage Palace № 4 of the Main Vital Records Office of Moscow, register record number 1111.
The parties are entitled to appeal this judgment to Cheremushkinsky District Court of Moscow through the Justice of the Peace of Judicial District № 64 of Yasenevo District, Moscow, within 1 month.
Justice of the Peace /Signature/ V.V. Bondar
Justice of the Peace /Signature/
Seal: (Justice of the Peace, Judicial District № 64, Moscow)