File no.

9348 / 1992 Divorce

ROMANIA
CARACAL COURT OF JUSTICE
civil sentence no. 8106

public meeting of December 14, 1993

President Florea Ciobanu

Judge Mariana Cirstea

County-clerk Mircea Patru

On the docket pending the judgment of the civil section of divorce made by the plaintiff Gigina
Stelica from village Seaca, county Olt, against the defendant Gigina Niculin from village Seaca,
county Olt.
Roll call made in public session parties responded.
Complete procedure.
The documents and file documents were read, after that, the action being in state court, it was
given the word in background.
Eugenia Dumitru lawyer of the plaintiff requests admission of the action, as to undo the marriage
because of both spouses, the children to be with the mother and the defendant to be forced to a child
benefit according to the income, as well as to be oblige to the courts costs..
Nica Eleonora lawyer of the defendant request to cancel the marriage because of both spouses
and the costs of the judgment to be compensated.

COURT

By application registered under no. 9348/28 December 1992 the plaintiff Gigina Stelica,
called in civil judgment on his husband,Gigina Niculin, asking through court order to undo the
marriage ended between themon 8 May 1982 in village Seaca, county Olt, to entrust the minors to
Danut Nicolae and Marian Alin, the defendant to be oblige for the payment of monthly pension, and to
resume the family name she had before the marriage.
In motivating her application, the plaintiff shows that it is actually separated from her husband
from 1987 when she was expelled from the conjugal domicile from her husband, the defendant, and
further living together is impossible due to the lack of mutual affection and long separation.
From the date of separation in fact until now, the two children were cared for and supervised
directly by the plaintiff, and the defendant only contributed with paying the pension of 800 lei per
month, to which it was bound by civil sentence No. 2501/23 September 1987 adjudicated in Court of
Justice Caracal civil dossier No. 2556/1987.
To prove her claim, submitted stamp duty, copies of certificates of civil status, the above
mentioned sentence proposed hearing witnesses Primejdie Tudorita, Prvu Camelia.

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 Ex officio, the Court requested the opinion of the tutelary authority, as well as the hearing of
the minor Gigina Nicolae aged 11 years. Analyzing the evidence in question, in relation to the claims
of the parties and the legal provisions regarding article- art. 36-38 cf- Court divorce rate that the
request is justified and therefore should be allowed for the following reasons: it is proven the
statements through the hearing of witnesses declarations in court as parties are actually separated by a
long period of time, 5 years, and that the separation in fact reflected the aggressive behaviour of the
defendant towards the plaintiff and the circumstances that the applicant has not tried to resume
relations of matrimony.
From the statement of the witness, Primejdie Tudorita, the defendant is jealous and he
suspected the plaintiff of infidelity. The long separation of the spouses, the lack of affection, refusing
to resume living together, constitute special reasons which make impossible continuation of marriage
for both spouses, so that the Court will admit the request and cancel the fault of marriage of both
spouses.
Considering the circumstance as the separation in fact until now, minor children, Gigina Danut
Nicolae, born on 7 June 1982 (who also declared in court that she wants to live with his mother) and
Gigina Marian Alin, born 26 December 1983, were raised and cared for directly by their mother, the
court will entrust them to raise and educate it.
Based on Articles 86 and 94 of cf. considering the fact that the defendant has an average
monthly income of 50 000 lei, the court will charge him 5000 lei a month for each minor, considering
that this pension is close to covering their current needs, compared to the 400 lei monthly pension
established by the civil sentence no.2501 / 1987, a pension that will be paid from the date of the final
stay of the present and up to the minors.
Based on art. 41.c.f. The paintiff will resume her family name she previously had, and will be
called Albu in the future.
Compensating the costs, the defendant will also be ordered to pay 10000 lei to the plaintiff.

FOR THESE REASONS

IN THE NAME OF LAW
DECIDES

Admits the divorce request formulated by the plaintiff Gigina Stelica, domiciled in village Seaca,
county Olt, against the defendant Gigina niculin domiciled in village Seaca, county Olt (to the Gigina
Radu family).

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 Declare dissolved the marriage concluded between parties on 8 May 1982, at the Seaca village
town-hall, fromthe fault of both parties.
Entrusts for raising and education to the plaintiff mother, the minors Gigina danut Nicolae, born
on 7 June 1982 and Gigina Marian Alin, born on 26 December 1983.
Oblige the defendant to pay a monthly maintenance allowance in the amount of 10 000 lei, 5
000 lei for each of the minors, starting with the final date of the present sentence and up to the age of
the minors.
The plaintiff will bear in the future the name before the marriage, that of Albu.
Compensates the court costs and obliges the defendant to pay 10,000 lei to the plaintiff.
On appeal, within 30 days of communication to the Olt Tribunal;
Pronounced in a open session, today, December 14, 1993, at the Caracal Court of Justice.

President, For the Judge,

Florea Ciobanu Mariana Cirstea
On vacation
President,