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Газетамизнинг янги сони сизга манзурми?
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04 Oct 2018

I do not want to divorce, but ...

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"It's been 21 years since we got married. We have a girl and a son. We have a grandson from our daughter. However, my husband has recently made a petition to court trying  to divorce. And I feel shamed to divorce when we get a bride. The court has assigned us a trial period of 6 months. What decision can the court make a if I do not want to be divorced even after that term expires?

G. , Andijan city.

    - According to article 41 of the Family code of the Republic of Uzbekistan, if the court considers the husband and wife unable to live together anymore, it will divorce them.

    Based on paragraphs 15-16 of the Supreme court plenum, judgment No 6, of July 20, 2011, "Law on the practice of applying for marriage divorces" the family should take measures to protect the marriage. If the circumstances confirming the survival of the family (childhood, marriage, family relationship, etc.) are found, the court has the right to postpone the proceedings on the dissolution of either party or at the request of either of them. In this case, the court shall appoint a six-month period for a reunification pursuant to article 40 part 2 of the Family code. At the same time, due to the requirements of the article 218 of the Family code, the period of three months for reconciliation is ineffective. The trial may be postponed several times within a period of six months.

    The court may, at the request of either the spouse or one of them, terminate the reconciliation period in the presence of substantial grounds and to review the case until the expiration of this period. The issue of reducing the time limit for reconciliation shall be settled by informing the parties at the court session and by passing a ruling.

    Temporary conflicts in the family, conflicts arising from accidental causes, as well as the inability of one or both spouses to continue marital relations without serious causes can not be grounds for divorce. In the absence of grounds for the cancellation of marriage, the court rejects the claim.

   A lawyer   


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