RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 5, 1998 No. 15

About application of the legislation by courts by hearing of cases about annulment of marriage

By hearing of cases about annulment of marriage courts have questions connected using the regulations of the Family code of the Russian Federation regulating the scrap termination, recognition its invalid and also the property relations of spouses (the former spouses). Considering it, the Plenum of the Supreme Court of the Russian Federation for the purpose of ensuring the correct and uniform permission of cases of this category decides to make to courts the following explanations:

1. In case of adoption of the action for declaration about annulment of marriage the judge needs to consider that according to the Art. 17 IC RF the husband has no right without the consent of the wife to initiate proceedings on annulment of marriage during pregnancy of the wife and within one year after the child's birth. This provision extends also to cases when the child was born the dead or died before achievement of age of one year by it. In the absence of the consent of the wife to consideration of the case on annulment of marriage the judge refuses adoption of the action for declaration and if it was accepted, the court stops proceeedings (item 1 p.1 of the Art. 134, paragraph 2 of Art. 220 of the CCP of the Russian Federation). The specified determinations are not obstacle to repeated appeal to the court with the action of rescission of scrap if the circumstances listed in the Art. 17 IC RF disappeared afterwards.

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