Lawsuit: Dismissed F6rn v. Kitje_Katje_nl [2022] DCR 24

[DimpledRobin]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION

f6rn (Represented by Robin&Co Legal)
Plaintiff

v.

Kitje_Katje_NL
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

f6rn requests he be divorced from Kitje_Katje_NL.

I. PARTIES
1. f6rn (Represented by Robin&Co Legal)
2. Kitje_Katje_NL

II. FACTS
1. The Plaintiff and the Defendant were married by law in game using the marriage plugin.
2. The Plaintiff would now like to divorce the Defendant.
3. The Defendant did not consent to the divorce.

III. CLAIMS FOR RELIEF
1. Pursuant to the Marriage Act of Congress, one party may sue for deregistration of a marriage from another party.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. Divorce of the marriage between f6rn and Kitje_Katje_NL.


Proof of Representation:

 

[Nacho]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant is required to appear before the court in the case of F6rn v. Kitje_Katje_nl. Failure to appear within 48 hours of this summons will result in a default judgment.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[Claxx77]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS


F6rn (Represented by Robin&Co Legal)
Plaintiff

v.

Kitje_Katje_NL (Platinum Law Firm Representing)
Defendant

Motion To Dismiss

1. The plaintiff and defendant married in-game via the marriage plugin but this marriage is not registered on the marriage subforum.

2. The Marriage Act. only covers the marriages that are officially registered to DPA. As Marriage Act. 3 - Registration states that registration will happen in a subforum and if the marriage is not registered, the Marriage Act. will not cover that marriage.

3. If we take a look into the verdict of baole444 v. Zalvalas [Case No. 05-2021-23] [2021] DCR 18, we can see that the same situation happened and this case is dismissed since marriage is not registered on subforum and the court suggested plaintiff to find a lawyer for divorce if both parties consents.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED 30/05/2022

 

[DimpledRobin]

Your honour,
As stated in the facts above. The Defendant did not consent to the divorce and has refused to. Otherwise we wouldn't be in court.
If we follow the same judgement as baole444 v. zalvalas it will still end the same way; my client consents but the defendant does not. So we'd have to come back to court. To follow the above motion would mean to enter a loop.

My client does not want to be married to the Defendant and wishes to divorce, the defendant has refused to consent.

 

[Nacho]

Verdict

I will be accepting the motion to dismiss.

The marriage act is specific in identifying the requirements to be an officially registered marriage. Failure to meet all the requirements results in not being legally binding. Since the plaintiff admits in their filings that the marriage is not registered with the DPA the court does not recognize it as a legally binding marriage and thus cannot rule on the case.

I would encourage the plaintiff to seek further legal support in-game to have the divorce actioned. If the defendant is inactive or unwilling you could request a staff ticket to manually divorce via console.

The District Court thanks all involved.