Divorce between Indian and Russian citizens

DIVORCE ORDER

In the name of the Russian Federation

January 23, 2020

The Magistrate, having examined in open court the divorce case between the Husband [his name keeps in the secret] and the Wife [her name keeps in the secret],

HAS FOUND OUT AS FOLLOWS:

The marriage between Parties was registered at the Marriage Registration Office of Patna, India. The spouses have no common minor children. The marriage certificate is duly certified in accordance with the requirements of the Hague Convention of October 5, 1961.

The Plaintiff filed his divorce action against the Defendant. In support of his action, he indicated that since February 2019 they had been living separately: the Defendant lives in Russia, and the Plaintiff lives in India, and since then the connection between them has been lost. The spouses’ family life did not go well. Mutual attempts to restore their relationship were unsuccessful. They have no common children. There are no property disputes. The uncertainty in their family status prevents each of them from having any other family life. The dissolution of the marriage under administrative procedure is impossible, since the Defendant refuses to visit the Registry Office, which served as the basis for this action to the Court.

At the hearing, the Plaintiff though being duly notified did not appear. Before the hearing, the representative of the Plaintiff on the basis of a power of attorney Karina Duvall, submitted a statement in which she indicated that she supported divorce action. Any reconciliation measures were unsuccessful, and the Plaintiff insists on the divorce.

The Defendant being duly notified of the time and place of this hearing did not appear for consideration of the case. She did not submit a motion to adjourn the hearing.

Having studied the case file, the Court has come to the resolution to satisfy this divorce action.

In accordance with Article 402 Part 3 Clause 8 of the Russian Civil Procedural Code, courts in the Russian Federation are also entitled to consider cases involving foreign individuals in the event that in a marriage dissolution case the Plaintiff has a place of residence in the Russian Federation, or at least one of the spouses is a citizen of Russia.

The Defendant is a citizen of the Russian Federation.

According to Article 21 of the Family Code of the Russian Federation, a dissolution of marriage shall be performed in a judicial proceeding if the spouses have common minors children, or if one of the spouses does not give consent for the divorce, as well as in cases where one of the spouses, despite lack of objections, does not appear for administratively divorce at the Registry Office.

At the hearing it was proven that the Defendant evades from administratively divorce at the Registry Office.

In accordance with Article 22 of the Russian Family Code, judicial proceedings shall be carried out and divorce shall be granted if the court has proven that further family life of the spouses and the preservation of the family are impossible.

It has been proven that the parties do not live together, do not have a common household, the family has actually broken up, any marital relationship has ceased to exist since February 2019, and therefore, the Court finds it necessary to terminate the marriage between parties.

The divorce order can be appealed within one month.