of April 23, 1998 No. 4
About practice of application by courts of Turkmenistan of the legislation by hearing of cases on annulment of marriage
In independent neutral Turkmenistan, according to traditions of the Turkmen people, the family forms basis and stronghold of the cardinal social and economic transformations performed in sovereign Turkmenistan, forming of high moral qualities of younger generation and strengthening of public consent and stability of society.
The legislation on scrap and family is directed to protection of interests of mother and child, education of younger generation therefore the correct hearing of cases about annulment of marriage is of great importance.
Cases of this category by courts, generally are considered correctly. At the same time, in activity of the courts there are also shortcomings: not always the conversation with spouses for clarification of termination causes of scrap, instead of removal of determination about adjournment of trial of case for conciliation of spouses practices in the consultative room, legal determination after the meeting on site is taken out, not all courts of case on annulment of marriage consider with participation in judicial session of both spouses.
In case of decision about annulment of marriage courts not always find out questions of the place of residence of children after annulment of marriage, about collection of the alimony, unreasonably consider the requirements infringing on interests of the third parties, make the Section of the property acquired after the actual termination of the family relations and maintaining general economy.
Cases when courts in defiance of article 33 KOBS of Turkmenistan accepted took place and considered requirements of the husband about annulment of marriage without the consent of the wife during her pregnancy or within one year after the child's birth.
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