GROUNDS FOR DISSOLUTION OF MARRIAGE IN FAMILY LEGAL RELATIONS

ABSTRACT

This article provides information on the grounds for divorce, annulment and divorce, as well as the reasons for divorce, divorce proceedings and its consideration in court.

Keywords: marriage, dissolution of marriage, couple, Family Code, legal fact, court, Civil Code, arguments, court ruling.

The family is the basic and fundamental unit of society.  The state and society are inseparable.  There is an integral link between the state and society, and families are the basis of society.  Although the relationship between family members is governed by the laws of morality, custom, tradition, and conscience, in most cases, these relationships are also governed by legal norms and laws.  For example, marriage, invalidity of marriage, property rights and obligations of the couple, divorce, personal non-property and property relations between parents and children are legal relations, which are regulated by the norms of family law [1].

It is well-known that marriages are permanent and permanent. However, the marriage may end for some reason. Legislation provides for divorce, annulment, and divorce.  In this case, the dissolution of the marriage has a general and broad meaning.  Because a marriage is also dissolved as a result of the annulment and separation of the marriage.

The dissolution of a marriage is the termination of a legal relationship between a couple that has arisen as a result of certain legal facts.

Marriage can also be terminated due to the following circumstances:

- the death of one of the spouses or the court declaring one of them dead;

- by divorce on the application of one or both spouses, as well as on the application of a spouse who has been declared incompetent by a court (Article 37 of the Family Code).

Death is a legal fact that terminates a marriage.  The court's decision to declare one of the spouses dead is tantamount to death by its legal consequences. Therefore, the marriage between the deceased and his or her spouse is terminated.

In the event that one of the spouses dies or is declared dead by a court, the legal relationship between the couple ends.  In this case, the surviving party has the right to remarry.  Declaring a citizen dead in accordance with the law is based on the presumption that he is dead.  In some cases, it is possible that the citizen is alive.

According to Article 37 of the Civil Code [2], "If a citizen who has been declared dead returns or his whereabouts are known, the decision to declare him dead shall be revoked by a court."  This rule can also affect family relationships.  In this regard, Article 48 of the Family Code stipulates that “in the event of the return of a spouse who has been declared dead or missing by a court and the relevant court decisions have been annulled, the marriage shall be based on a joint application of the spouses. May be restored by the civil registry office. If the husband (wife) is newly married, the marriage cannot be renewed."

Unlike the two reasons mentioned above, divorce occurs only in the life of the couple.

In certain cases, if the family is found to be practically broken and there are no grounds to restore it, it is terminated on the basis of divorce. Divorce is the basis for the future termination of a legal relationship between a couple. Such a divorce is different from finding a marriage invalid.  When a marriage is declared invalid, the legal relationship ends from the time the marriage took place.

The Family Code does not specify the grounds for divorce, and it is not possible to do so, because a reason given by a husband or wife may in some cases be sufficient for a divorce, and in some cases may not be a reason for divorce. possible. Therefore, taking into account the jurisprudence, the Family Code retained the current rule, stating: "If the court finds that the husband and wife are no longer able to live together and maintain the family, they shall divorce them" (41 of the Family Code).  -article) [3].

In practice, couples often cite the following reasons for divorce:

- alcohol abuse;

- infidelity in a marital relationship;

- childlessness;

- interference of relatives in family affairs (especially mother-in-law disputes), etc.

The Family Code defines the following procedure for divorce, depending on the grounds for divorce:

- in cases of property disputes between spouses, in court (for example, in cases of division of property, between spouses and in connection with the maintenance of minors) in the case of alimony) and other issues;

- in the absence of a dispute in an administrative manner (through the Civil Registry Office), including:

a) if the couple does not have minor children and they mutually agree to divorce;

b) the parties (husband or wife) have been declared missing by a court, incapacitated due to mental illness or mental retardation;

v) The husband or wife has been sentenced to a term of imprisonment of not less than three years for the offense set forth in Articles 42-43 of the Family Code.

Marriage is due to the death of the couple or the court declaring one of them dead, and on the application of one or both spouses, by divorce, as well as on the application of the guardian of the couple declared incompetent by the court can be terminated. Divorce in the general order is carried out through the courts and in cases specified in Articles 42-43 of the Family Code in an administrative manner, if in the civil registry offices.

A divorce lawsuit is filed in the district (city) court where the couple lives.  If the couple lives separately, the lawsuit is filed in the court of the defendant's place of residence, and if his whereabouts are unknown, the divorce petition is filed in the court of the defendant's last place of residence.

The application must state the grounds for divorce. The reasons for the divorce should be detailed.  Divorce cases are heard in public. Divorce cases can be heard in closed court on the application of the couple, if necessary, by court order.

In divorce proceedings, the court must focus on reconciling the couple and taking steps to improve the marital situation.

According to Article 40 of the Family Code, the court has the right to postpone the hearing and set a six-month period for reconciliation.

In order to reconcile the couple, the court may, if necessary, send copies of the ruling to the women's committees of the place of residence, the self-governing body - the council of elders of the neighborhood, the conciliation commissions under them for discussion and conciliation.

Divorce is considered in court in the following cases:

- if one of the spouses does not agree to divorce;

- they have minor children in common and there is a dispute over who should leave them and who is required to pay child support;

- if the couple has a dispute over the amount and amount of alimony for a disabled or needy husband or wife;

- in the event of a dispute over the division of joint property.

Divorce with persons sentenced to imprisonment for a term of not less than three years and without other disputes specified in Article 44 of the Family Code shall be carried out in accordance with Article 43 of the Family Code.

Under Article 39 of the Family Code, a husband is not entitled to file for divorce without his wife's consent during her pregnancy and for one year after the birth of the child.

Divorce means that the couple’s personal as well as property legal relationship is completed for the future.  Marriage does not only give rise to a legal relationship governed by family law.  Due to the existence of certain legal facts with the structure of the marriage, a legal relationship is formed, which is regulated by civil, labor law.  Divorce is the end of a marriage.

On September 14, 2010, an amendment was made to Article 47 of the Family Code, according to which a marriage is dissolved from the date of registration of the divorce in the Civil Registry Office.  In this case, this rule does not apply to the period of divorce, which is recognized by law from the date of entry into force of the court decision (from April 30, 1998 to September 15, 2010) [4].

In short, the dissolution of a marriage is a tragic situation for every state.  No state wants a family divorce.  From this it can be seen that the dissolution of a marriage is a complex process that can undermine the interests of the state and society.

References:

1. Sh. R. Yuldasheva, N. M. Akayeva Textbook "Family Law", Publishing House of the National Society of Philosophers of Uzbekistan Tashkent - 2013, p.
2. Family Code of the Republic of Uzbekistan T .: "Center of Justice", 2021, 204 p.
3. Civil Code of the Republic of Uzbekistan T .: "Adolat" Legal Information Center, 2021.
4. Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 06 of July 20, 2011 "On the practice of application of the legislation by courts on divorce cases"