Case file cover — P. 1106/82

v34

Page 1

Higher Court Novi Sad

Court in _________________________

Panel — single judge _________________________

P. No. 1106/82

Case file cover

In the matter of the dispute:
Vasić Milorad, S. Karlovci

Against:
Vasić Gospava, Budisava

due to:
divorce of marriage

a/a _________________________

RETENTION PERIOD: _________________________

P. No. 1106/82

Schedule / Deadlines table

Columns:

• Hearing
• Deadlines

Legible entries:

• R 25. VII
• P 20.9
• E 17. IX 82
• E 30.10.82
• E 17. XI 82
• E 14. II 83
• E 14. III 83
• E 28. IV 83
• E 23. V 83

Bottom handwritten note:

• nevažeći
• 27-9-82

Stamp at bottom right:
Case file cover in civil procedure

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Higher Court in Novi Sad
Ref. No. P.1106/82
Dated 20.IX.1982

Registered
in OSC
27 IX 82
Date / Signature

The Higher Court in Novi Sad, composed of Judge Eva Popović,
as presiding judge of the panel, and Lazar Petrović and Milan Vidović,
as panel members, in the legal matter of VASIĆ MILORAD from Sremski
Karlovci, Sl. Rodića 8, represented by Dušan Uzelac, attorney
from Futog, against the defendant VASIĆ GOSPAVA from Budisava, Petefi
Šandora 172, represented by authorized representative Dragan Prodanović,
LL.B. - adviser in the Bureau for Providing Legal Aid in Novi Sad,
in a divorce action, and regarding the motion for issuance of an
interim measure dated 3.IX.1982, hereby renders the following

INTERIM MEASURE

The plaintiff Vasić Milorad is ORDERED, until the final
conclusion of these proceedings, to pay for child support
for the minor Milan the amount of 2,000.00 dinars, and for spousal
support to Vasić Gospava the amount of 1,500.00 dinars,
starting from 3.IX.1982, under threat of enforcement.

An appeal against this interim measure does not stay
enforcement.

Reasoning

By submission dated 3.IX.1982, the defendant - counter-
plaintiff filed a motion requesting that the court issue an interim
measure, whereby the plaintiff would be obliged, until the final
conclusion of these proceedings, to pay a contribution for the support
of the minor Milan, as well as an amount for spousal support to be
determined by the court within the limits of the claim asserted,
starting from 1.IX.1982.

The attorney of the plaintiff - counter-defendant, regarding
the request of the defendant - counter-plaintiff for issuance of an
interim measure, both for child and spousal support, left the matter
entirely to the court's assessment. He emphasized that, in his view,
for determining spousal support by interim measure it would be
necessary for the court to have information on the working capacity
of the defendant - counter-plaintiff.

In the evidentiary proceedings, the court conducted evidence
by inspection and reading of the extract from the marriage register of the Municipality
of Novi Sad - Petrovaradin branch office, recorded under current no. 468 for 1962,
and the extract from the birth register of the Municipality of Novi Sad

./.

Page 3

• 2 -

current no. 2463 for 1979, by inspection and reading of the complete
file of the Municipal Court in Novi Sad, ref. no. P.3017/82,
the medical certificate for the defendant - counter-plaintiff from the said
file, no. 3/82 dated 27.IV.1982, issued by the "Health Center"
Novi Sad, OOUR General Medicine, Budisava Dispensary, the report
with findings and opinion of the attending physician of the same health
station in Budisava no. 213 dated 3.IX.1982, the report on the
earnings of the plaintiff - counter-defendant "Novograp" OOUR
"Craft Operations" Novi Sad, no. 02-17/258 dated 9.IX.1982,
and after hearing the plaintiff - counter-defendant and the defendant - counter-
plaintiff as parties, it established the following facts upon evaluation:

The parties entered into marriage on 21.I.1962 in
Petrovaradin. The marriage of the parties had been more than harmonious for a full
18 years. They had no children in the marriage. Therefore, on 21.VI.1979
they adopted the minor Milan. From that time disagreements arose
between the parties. First because of the child, his upbringing,
and later of a personal nature. Over time the relations between the parties
deteriorated to such an extent that the plaintiff finally left the marital
union at the beginning of March 1982. The defendant remained in the house
with the child, while the plaintiff lives as a subtenant. From his employment
the plaintiff earns an average monthly personal income in the
amount of 13,760.92 dinars. On 18 January 1982, the defendant had
her left breast completely removed by surgery, and is therefore
unfit for work.

These facts were established by the court from the evidence
listed above and presented.

Assessing the evidence presented, the court formed the conviction
that the disturbance of marital relations occurred exclusively after
the adoption of the child and therefore found that neither party bears
fault for the disturbance of relations in the marriage.

Based on the facts thus established,
the court found that there are conditions for issuing an interim measure
both for child support, considering that the plaintiff does not pay it,
and for spousal support. This is for the reason that the plaintiff
has not paid support for the minor Milan since the month of May of this year,
although by law he is obliged to do so. The court finds that there are conditions
for issuing an interim measure also for spousal support, because
the defendant is unfit for work and has no means of subsistence, and since
she is not at fault for the disturbance and breakdown of relations in the marriage
and marital union, in the opinion of this court she is entitled to spousal
support, considering that in the opinion of this court the conditions
from Article 83, paragraphs 1 and 2 of the SAPV Marriage Act are fulfilled. Therefore,
the plaintiff, who is able to do so, was ordered
to pay the amounts determined by this interim measure both to the minor Milan
and to the defendant.

Based on Article 83, paragraph 3 of the SAPV Marriage Act,
the court decided that an appeal against this decision does not stay the
execution of the decision - the interim measure.

PRESIDING JUDGE OF THE PANEL - JUDGE

INSTRUCTION ON LEGAL REMEDY:
A party dissatisfied with this interim measure
may file an appeal within 15 days from the day of receipt
to the Supreme Court of Vojvodina in Novi Sad
through this court.

[Signature]

POPOVIĆ EVA s.r.

Certified as a true copy

Page 4

Higher Court in Novi Sad
Ref. No. P.1106/82.
Dated 20.IX.1982

X - B - d

I N T H E N A M E O F T H E P E O P L E

The Higher Court in Novi Sad, by Judge Eva Popović,
as presiding judge of the panel, and Lazar Petrović and Milan Vidović,
as panel members, in the legal matter of VASIĆ MILORAD from Sremski
Karlovci, Sl. Rodića 8, represented by attorney Dušan Uzelac
from Futog, against the defendant VASIĆ GOSPAVA
from Budisava, Petefi Šandora 172, represented by authorized representative
Dragan Prodanović, LL.B., adviser in the Bureau for Providing
Legal Aid in Novi Sad, in a divorce case, dispute value
2,000.00 dinars, after the oral, closed main hearing
concluded on 20.IX.1982 in the presence of
the litigating parties personally and their authorized representatives, rendered and
publicly announced the following

J U D G M E N T

The marriage concluded on 21.I.1962 in the Municipality of
Novi Sad - Petrovaradin, recorded under current no. 1 for 1962,
between VASIĆ MILORAD, born on 25 February 1941
in the village of Osiječani, Municipality of Doboj, and VASIĆ GOSPAVA,
née Tomić, born on 21 August 1932
in the village of Donji Klakar, Municipality of Doboj,
i s d i s s o l v e d on the basis of Article 60 of the SAPV Marriage Act,
without determination of fault.

The minor child of the litigating parties, VASIĆ MILAN, born on
28 June 1974, is entrusted for care, upbringing and maintenance
to the defendant - counter-plaintiff Vasić Gospava, as mother, while
the plaintiff - counter-defendant, as father, is obliged
to pay monthly, as his share of contribution to the support
of the minor Milan, 2,500.00 dinars, starting from 20.VIII.1982
and thereafter for as long as the legal conditions exist, with accrued installments
paid at once, and future installments from each first to the 10th
of the month in advance into the hands of the legal representative
of the minor Milan, Vasić Gospava, as mother, within 15
days under threat of enforcement.

The plaintiff - counter-defendant VASIĆ MILORAD IS ORDERED
to pay, in the name of spousal support, to the defendant - counter-plaintiff
Vasić Gospava, 2,000.00 dinars monthly starting from 20.VIII.
1982, and for as long as the legal conditions exist, with accrued installments
paid at once, and future installments from each first to the 10th
of the month in advance under threat of enforcement.

./.

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The excess of the claim for the support of the minor Milan,
as well as the excess of the claim for spousal support above the amount
awarded and up to 3,500.00 dinars, IS REJECTED.

Each party bears its own costs.

Reasoning

By the complaint dated 23.VII.1982, the plaintiff
requested that the court dissolve his marriage with the defendant by application
of Article 60 of the SAPV Marriage Act, with each party bearing
its own costs.

On 20.VIII.1982, the defendant - counter-plaintiff
filed a counterclaim with the court requesting that her marriage with
the plaintiff - counter-defendant be dissolved due to his exclusive fault,
that the child be entrusted to her, and that the plaintiff - counter-defendant
be ordered to pay, for the support of the minor Milan, 3,500.00 dinars per month,
and that the court also order him to pay her, in the name of spousal support,
3,500.00 dinars per month from the day of filing
the counterclaim and for as long as the legal conditions exist, as well as
that the court order him to reimburse her for all incurred litigation
costs.

Pursuant to Article 77 of the SAPV Marriage Act,
the court attempted reconciliation of the spouses, which remained unsuccessful.
This for the reason that the plaintiff stated that, for him,
relations in the marriage had become disturbed to the point of unbearable intensity, while the defendant
stated that she wished to reconcile, finding that for her the relations in
the marriage were not disturbed to such an extent that the marriage had to be dissolved.

By submission dated 3.IX.1982, the defendant - counter-
plaintiff proposed that the court issue an interim measure,
whereby it would oblige the plaintiff, until the final conclusion
of these proceedings, to pay by way of contribution to the support of the minor
Milan, as well as by way of spousal support, an amount determined by the court
within the limits of the claim asserted, starting
from 1.IX.1982.

In the evidentiary proceedings, the court conducted evidence
by inspection and reading of the extract from the marriage register of the Municipality
of Novi Sad - Petrovaradin, recorded under current no. 468 for 1962,
the extract from the birth register of the Municipality of Novi Sad
current no. 2463 for 1979, by inspection and reading of the complete
file of the Municipal Court in Novi Sad, ref. no. P.3017/82, the medical
certificate for the defendant - counter-plaintiff from the said file,
no. 3/82 dated 27.IV.1982, issued by the "Health Center"
Novi Sad, OOUR General Medicine, Budisava Dispensary, the report
with findings and opinion of the attending physician of the same health
station in Budisava no. 213 dated 3.IX.1982, the report on the
earnings of the plaintiff - counter-defendant "Novograp" OOUR

./.

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"Craft Operations" Novi Sad, no. 02-17/258 dated 9.IX.1982,
and after hearing the plaintiff - counter-defendant and the defendant - counter-
plaintiff as parties, on the basis of the evidence thus conducted,
established the following FACTUAL STATE:

The parties concluded marriage on 21.I.1962
in Petrovaradin. The marriage of the parties was more than harmonious for a full
18 years. They had no children in the marriage, and on 21.VI.1979
they adopted the minor Milan. From that time disagreements arose
between the parties. At first concerning the child and his upbringing,
and later of a personal nature. Over time the relations between the parties
were disturbed to such an extent that the plaintiff - counter-defendant
left the marital union at the beginning of March 1982 and since then it has not
been re-established. In the parties' house remained the defendant - counter-plaintiff
with the child, and she uses the house together with a garden of 14 ares. During this spring
and summer the defendant - counter-plaintiff cultivated the garden. The plaintiff -
counter-defendant in the period from 1.IX.1981 to 31.VII.1982
earned an average monthly personal income in the amount of 13,760.92
dinars. The plaintiff - counter-defendant lives in Sremski Karlovci
as a subtenant, and for rent pays 4,000.00 dinars,
in addition to which he also pays for water and electricity. The defendant - counter-plaintiff
underwent surgery on 18 January 1982, and on that occasion
her left breast was completely removed, and she is not fit for work.

These facts were established by the court from the evidence
listed above.

Based on the thus established factual situation,
the court found that the basic cause of the disturbance in the relations of the parties
in marriage, which occurred after the adoption of the minor Milan,
was the difference in their understanding and manner of raising and educating
the child. This is indicated by their conduct and manifestations during their
life after the adoption of the child, regardless of the fact that there were not
more serious conflicts between them. This indicates that the parties do not have a unified
view on the manner of raising and educating the child. Therefore,
also on the further manner and purpose of living. Accordingly, the court finds that
all conditions for application of Article 60 of the SAPV Marriage Act were met, and
therefore dissolved the marriage of the parties on that basis.

In deciding on the placement of the minor Milan, the court
accepted the agreement of the parties that he be entrusted to the mother, finding that
he is still of such an age that a mother's care and love
are necessary to him.

In deciding on the amount of the plaintiff-counter-
defendant's contribution to the support of the minor Milan, the court took into account
the plaintiff's financial circumstances and abilities, and the needs of the minor Milan
having regard to his age, and found that for his support
at least about 2,500.00 dinars are necessary. The court finds that the plaintiff
is able to pay this amount having regard to the income he
earns. In doing so, the court also took into account that the plaintiff
is a subtenant and pays 4,000.00 dinars in rent,
as well as that he also has costs for electricity and water. Nevertheless,
the court considers that by setting aside the amount for the minor Milan,
his personal subsistence will not be endangered, bearing in mind his
other expenses. As for the defendant, as the mother, the court finds
that she, considering that she herself is also a dependent person, could contribute

./.

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to the care of the minor Milan only by way of direct care.

As regards the claim of the defendant - counter-plaintiff
for spousal support, the court, when deciding, took into account
that the defendant - counter-plaintiff has no means of support and
is unfit for work, and since she bears no fault for the divorce,
the court considers that the conditions from Article 63 of the SAPV
Marriage Act are fulfilled. Therefore, the plaintiff - counter-defendant
was ordered to pay the defendant -
counter-plaintiff, in the name of spousal support, 2,000.00 dinars
per month, finding that this amount is appropriate to the means
of the plaintiff - counter-defendant, and that the defendant - counter-plaintiff
will be able to cover her basic needs with this amount. In doing so, the court
also took into account that the defendant lives in the parties' house and
does not pay rent, as well as that she has a garden from which she can supplement
the needs of the household, both for herself and for the child.

The court rejected the excess of the claim for the support of the minor Milan
above the awarded amount of 2,500.00 dinars and up to 3,500.00 dinars,
finding that the claim had been set too high, both with regard
to the plaintiff's means and to the needs of the child. The court
also rejected the excess of the claim for support above
the awarded amount of 2,000.00 dinars and up to 3,500.00 dinars. This
for the reason that, in the opinion of this court, by awarding a higher amount
for spousal support, the subsistence of the plaintiff
would be jeopardized, because his obligation determined by this decision for the support
of the child and the defendant amounts to 4,500.00 dinars; when to this
there is added the amount of the rent of 4,000.00 dinars, the plaintiff
is left with about 5,439.00 dinars for living, not counting the costs of electricity
and water.

The decision on litigation costs is based on Article
87, paragraph 1 of the SAPV Marriage Act.

INSTRUCTION ON LEGAL REMEDY: PRESIDING JUDGE OF THE PANEL - JUDGE

A party dissatisfied with this judgment [Signature]
may file an appeal within POPOVIĆ EVA s.r.
15 days from the day of receipt thereof
to the Supreme Court of Vojvodina in Novi Sad Certified as a true copy
through this court.

Page 8

Higher Court in Novi Sad
Ref. No. P.1106/82.
Dated 13.IX.1982

TO THE MUNICIPAL COURT
NOVI SAD
re: no. P.3017/82.

In the legal matter of Vasić Milorad from Sremski Karlovci
against the defendant Vasić Gospava from Budisava, concerning divorce,

We kindly ask that you urgently deliver to us your case file,
given that the ISSUANCE OF AN INTERIM MEASURE has been proposed, and the
hearing regarding the motion for issuance of an interim measure has been scheduled
for 20.IX.1982.

exp: 13.IX.82 PRESIDING JUDGE OF THE PANEL - JUDGE
[Signature] [Signature]
POPOVIĆ EVA s.r.
Certified as a true copy

Leukocytes ........................................

Page 9

Dispensary Budisava
in Budisava
Attending physician: Dr. Kovač Macaš
Medical diary no. 213

REPORT WITH FINDINGS AND OPINION
OF THE ATTENDING PHYSICIAN

1. PERSONAL DATA:

• name, father's name and surname of the insured person:
  Vasić Jove Gospava

• date and year of birth:
  15.XII.1933

• employed:
  housewife

• identity card number:
  96717

• place of permanent residence and address:
  Petefi Šandora no. 172, Budisava

2. Medical history:
   At the base of the breast a mass is palpable; operated on for a tumor one year ago.
   In the family she denies serious illnesses.

3. Employment history:
   Worked 9 years ago in Novkabel.

4. Social status:
   Owns nothing.

5. MEDICAL FINDINGS:

• constitution and general condition:
  Medium height, poorly nourished and developed.

• height:
  161.1 cm

• body weight:
  47 kg

• T:
  36.2

• pulse, number of beats:
  80

• quality:
  satisfactory

• rhythm:
  rhythmic

• blood pressure:
  17.3/10.2

Urine: Alb.:
/

Saccharum:
/

urobilinogen:
/

specific gravity:
1.013

sediment:
/

ESR:
32/64

Er.:
4.13

Leukocytes:
4.5

Page 10

Skin:
without pathological changes

Head and neck:
normal configuration, mobility, without visible pulsations

Spinal column:
regular

Chest:
symmetrical -

Lungs (in pulmonary TBC sputum for BK, ESR, T and X-ray mandatory):
vesicular breathing

Heart (cardiovascular system):
within physiological limits, BP 17.3/10.7

Abdomen (abdominal organs):
below the level of the rib cage, soft, painless - liver and spleen not palpable

Urogenital organs:
in the kidney region painless percussion, normal finding

Extremities:
free -

Neurological finding and condition of the main senses:
vision weakened, hears well

Page 11

Detailed finding of the main illness (injury):

Ca mammae l. sin.

St. post amputatio mammae l. sin.

Special laboratory examinations, X-ray, ECG and other findings:

Scintigraphy of the liver and spleen is within normal limits.

There are no scintigraphic signs of focal or diffuse liver damage.

Findings and opinions of specialists:

Unfit for work.

6. Treatment data:

• treated as an outpatient during

• treated in hospital (clinic) during

• was on sick leave from to

• closer details on treatment carried out

• results of treatment

7. Full diagnosis:

Ca mammae l. sin.

St. post amputatio mammae l. sin.

Asthenia corporis

Depressio gradus...

Page 12

8. Assessment and opinion of the attending physician:

• whether the insured person is capable of performing her own job with full or reduced working hours, and with how many hours:
  not capable

• whether the insured person is capable of performing another suitable job with full or reduced working hours, which job and with how many hours:
  no

• whether through professional rehabilitation she could be trained to perform a suitable job with full working hours, for which job and at which workplace:
  no

• cause of disability (illness or injury outside work, or accident at work, or occupational disease):
  illness

• whether assistance and care by another person is needed:
  no

• whether there is bodily impairment, cause of impairment:
  operation

• whether there is an immediate danger of disability occurring in connection with the insured person's work at her workplace:
  no

• if so, for which other suitable job is she capable of working full time:
  /

9. Notes regarding the previous questions:
   /

In Budisava
dated 3.IX.82

(Official seal)

Attending physician:
KOVAČ Dr. MACAŠ
specialist in general medicine

Page 13

Record of the main hearing

Drawn up on:
20.IX.1982
before the Higher Court in:
NOVI SAD

Presiding judge:
Popović Eva

Panel members — lay judges:
Petrović Lazar
Vidović Milan

Court clerk:
Arnjaš Katarina

Plaintiff:
VASIĆ MILORAD, represented by Uzelac Dušan, attorney, Futog

Defendant:
VASIĆ GOSPAVA, represented by Dragan Prodanović, LL.B.,
Legal Aid Bureau, Novi Sad

Subject matter of the dispute:
divorce

Start:
11:30 hours

Note:
The hearing is SECRET

The presiding judge opens the main hearing, announces the subject matter
of the hearing and establishes that the following persons appeared:

For the plaintiff:
the plaintiff – counter-defendant in person
and attorney Uzelac Dušan

For the defendant:
the defendant – counter-plaintiff in person and
Dragan Prodanović, LL.B., adviser of the Legal Aid Bureau

Statement:
The attorney of the defendant – counter-plaintiff presents orally,
in accordance with the written submission, the motion for issuance of an interim measure,
and proposes that, after the conducted proceedings, the court grant the motion
for issuance of an interim measure both for child support
and for spousal support.

Page 14

The attorney of the plaintiff - counter-defendant, regarding the request of the defendant -
counter-plaintiff for issuance of an interim measure, both for child
and for spousal support, leaves the matter entirely to the assessment
of the court. He particularly emphasizes that, in his opinion, for determining
the contribution for spousal support by interim measure it would be necessary
for the court to have information on the working capacity of the defendant -
counter-plaintiff.

The court renders

D E C I S I O N

It is ordered that evidence be taken by inspection and reading of the complete files
of the Municipal Court in Novi Sad, ref. no. P.3017/82, as well as of the medical
certificate for the defendant - counter-plaintiff from that file, no. 3/82 dated
27.IV.1982, of the "Health Center" Novi Sad, OOUR general medicine, Budisava Dispensary,
the report with findings and opinion of the attending physician of the same health station
Budisava no. 213 dated 3.IX.1982, as well as the report on the earnings of the plaintiff -
counter-defendant, "Novograp" OOUR "Craft Operations" Novi Sad, no. 02-17/258 dated
9.IX.1982, and by hearing the plaintiff - counter-defendant and the defendant -
counter-plaintiff as parties.

The cited medical certificate in file P.3017/82 of the Municipal Court Novi Sad is read,
as are the cited report with findings and opinion of the attending physician of Budisava
Dispensary and the report on the earnings of the plaintiff - counter-defendant.

PLAINTIFF – COUNTER-DEFENDANT – VASIĆ MILORAD, aged 41, married, one child,
duly cautioned, states:

We broke up the marital union at the beginning of March 1982. More precisely,
I moved out of the common house, while my wife remained there with the child.
From the breakup of the marital union until the month of May I paid, on account
of the maintenance of the minor Milan, 3,000.00 dinars per month, and then stopped.
The reason for that is that I learned that the defendant - counter-plaintiff
had begun selling our common property, so that from 1 May I paid nothing
for the maintenance of the child. Apart from income from employment, from property
I own a house and 14 ares of garden land, but my wife now enjoys that with the child.
I wish to note that, besides the indicated property, I left in the house a sow with
8 piglets and about 20 hens. As for maintenance, both of the child and of my wife,
I am aware of my obligation and I am prepared to pay for the maintenance of the child
and my wife a total of 4,000.00 dinars.

There are no questions or objections.

DEFENDANT – COUNTER-PLAINTIFF – VASIĆ GOSPAVA, having completed 49 years of age,
married, mother of one child, duly cautioned, states:

On 18 January I underwent surgery whereby my left breast was completely removed.
On 16 February 1982

Page 15

I went to the hospital for radiation treatment, and since then we have not
re-established the marital union, although Milorad indeed left the house,
me and the child, at the beginning of March. When he left the house, apart
from the house and garden, there remained one sow with 8 piglets and 14 hens.
I cultivated the garden myself during this spring and summer.
I know that Milorad is now living as a subtenant in Sremski Karlovci.
It is true that up until 1 May Milorad sent 3,000.00 dinars per month
for the child, and then stopped. It is true that I sold the sow and 6 piglets,
that one piglet died, and that I kept one for feeding. I had to sell the sow
and piglets in order to obtain coal for the winter. I sold nothing else from the house.
I wish to note that I asked Milorad for money for that, and asked what I should do
with the sow, and he sent word to me through Grujić Dragica that I should take
an axe and kill it.

There are no questions or objections.

The attorney of the defendant – counter-plaintiff proposes that the court
issue an interim measure in accordance with the motion.

The attorney of the plaintiff – counter-defendant, in view of the statement
of the plaintiff – counter-defendant, in principle does not now oppose
even the motion for issuance of an interim measure for spousal support.

The court renders

D E C I S I O N

The hearing regarding the motion for issuance of an interim measure is closed.

The court will deliver the decision on the interim measure in writing
and serve it on the parties.

Thereafter the attorney of the plaintiff states that he withdraws
the request that the child be entrusted to the plaintiff, and proposes
that today there be a hearing both on the marriage and specifically on custody
of the child and maintenance in general.

The attorney of the defendant – counter-plaintiff agrees with this.

The court renders

D E C I S I O N

It is ordered that evidence be taken by inspection and reading of the extract
from the marriage register of the Municipality of Novi Sad – Petrovaradin,
current no. 468 for 1962, the extract from the birth register of the Municipality
of Novi Sad, recorded under current no. 2463 for 1979,
and by hearing the plaintiff – counter-defendant and the defendant –
counter-plaintiff as parties.

The cited extract from the marriage and birth registers is read.

Page 16

PLAINTIFF — COUNTER-DEFENDANT — VASIĆ MILORAD, completed 4 grades of primary school, SUP, painter and decorator, first marriage, one child, Serb, duly cautioned, states:

Our marriage was more than harmonious for a full 18 years. Since we had no children, we adopted the minor Milan, on 21.VI.1979. From that time disagreements arose between us, first regarding upbringing and raising of the child, and later of a personal nature. Over time our relations deteriorated to such an extent that I left the marital union at the beginning of March 1982, because for me it had become unsustainable. I live in Sremski Karlovci as a subtenant, and I pay 4,000.00 dinars for rent alone, with water and electricity paid separately.

There are no questions or objections.

DEFENDANT — COUNTER-PLAINTIFF — VASIĆ, née Tomić, GOSPAVA, completed 2 grades of primary school, housewife, first second marriage, one child, first ended by divorce, without children, Serb woman, duly cautioned, states:

In my opinion our marriage was harmonious until last year. Then tensions, arguments and quarrels began between us. Over time our relations, because of that, became so disturbed that Milorad finally left the house at the beginning of March, and since then we have not re-established the marital union.

There are no questions or objections.

There are no further evidentiary motions.

The evidentiary proceedings are concluded.

The attorney of the plaintiff - counter-defendant proposes that the court dissolve the marriage of the parties by application of Article 60 of the SAPV Marriage Act, entrust the child to the mother, and as regards the amount of contribution both for the child and for the wife, leaves it to the court's assessment.

The attorney of the defendant - counter-defendant fully remains with the claim from the counterclaim, except that he agrees that the marriage of the parties be dissolved by application of Article 60 of the SAPV Marriage Act, that the child be entrusted to the mother, and as regards maintenance both of the child and of the wife, proposes that the court fully grant the claim.

The court renders

D E C I S I O N

The hearing is concluded. The court will render its decision in writing and serve it on the parties.

Fee on the complaint 75.00, fee on the counterclaim 75.00, fee on the motion for issuance of an interim measure 37.50 and fee on the decision 37.50, total 150.00 dinars, fee obligation on the side of the plaintiff -

Page 17

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of the counter-defendant 112.50, and on the side of the defendant 150.00 dinars,
with instruction that for the latter a tax reminder be sent to the attorney
of the plaintiff.

Completed at 12:30.

PRESIDING JUDGE OF THE PANEL — JUDGE
[Signature: Eva Popović]

COURT CLERK
[Signature: Arnjaš Katarina]

PARTIES
[Signature: Vasić Gospava]
[Signature: Vasić Milorad]

(At the bottom of the page there are five court tax stamps of SFR Yugoslavia with seals: two of 50 dinars, one of 10 dinars and two of 2 dinars.)

Page 18

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...issuance of an INTERIM MEASURE, and the counter-defendant-plaintiff is ordered
to pay, until this dispute becomes final and is concluded, to the counter-plaintiff-defendant,
as his contribution to the maintenance of the counter-plaintiff and contribution
to the maintenance of the minor son Milan, each month an amount to be determined by the court
within the limits of the asserted claim, starting from 1.9.1982.
An appeal against this decision does not stay its enforcement.

2.9.1982

Counter-plaintiff-defendant:
BUREAU FOR PROVIDING LEGAL AID
NOVI SAD, Trg Lenjina no. 7
ADVISER
[Signature: Dragan Prodanović, LL.B.]

Page 19

Higher Court in Novi Sad
Received on:
23.IX.1982

Counter-plaintiff-defendant:
VASIĆ GOSPAVA, Budisava, P. Šandora 52

Counter-defendant-plaintiff:
VASIĆ MILORAD from Sremski Karlovci, Sl. Rodića 8

SUBMISSION OF THE COUNTER-PLAINTIFF-DEFENDANT
with a motion for securing an INTERIM MEASURE for maintenance

The counter-plaintiff-defendant, by counterclaim dated 20.8.1982, requested divorce due to the fault of the counter-defendant-plaintiff in case no. P-1106/82 before that court and proposed that the counter-defendant be ordered to pay his contribution to spousal maintenance in the amount of 3,500 dinars and his contribution to the maintenance of the minor child of the litigating parties in the amount of 3,500 dinars, totaling 7,000 dinars, starting from the day the claim was filed.

The counter-defendant-plaintiff Vasić Milorad has not been living, as stated in the counterclaim, in marital union with the counter-plaintiff since 16.2.1982, and since then has not given his contribution for the maintenance of the minor son Milan and for the maintenance of the counter-plaintiff, although the plaintiff is unfit for work and has no sources of income, which is well known to the counter-defendant, because of which the plaintiff and the common child live in poverty and on the help of neighbors and closest relatives. The counter-defendant earns a personal income of around 14,000 dinars at RO "Novograp" - OOUR "Craft Operations" and is in a position to contribute to the maintenance of the plaintiff and the common minor child in the above-mentioned amount.

EVIDENCE:
certificate of RO "Novograp" on the amount of the plaintiff-counter-defendant's personal income, attached.

By this submission the counter-plaintiff-defendant also informs the court that, pursuant to the court's decision regarding the obtaining of evidence of incapacity for work, that evidence is found in the files of case no. P-3017/82 of the Municipal Court in Novi Sad, where civil proceedings are being conducted regarding maintenance, in this same legal matter, initiated before these proceedings, so we ask that the cited certificate be obtained ex officio from that court, and if that certificate is not sufficient as evidence, we further request that the court, if necessary, order an expert examination on the issue of the working capacity of the counter-plaintiff-defendant through the Medical Faculty Novi Sad - OOUR Institute of Occupational Medicine Novi Sad.

EVIDENCE:
files of case P-3017/82 of the Municipal Court Novi Sad and other evidence as needed.

For the stated reasons, the counter-plaintiff-defendant submits this motion and proposes that the court URGENTLY render the following

D E C I S I O N

for the purpose of securing maintenance of the counter-plaintiff-defendant Vasić Gospava and the common child, minor Vasić Milan, it is ordered

./.

Page 20

NOVOGRAP OOUR "CRAFT OPERATIONS"
for craft and metal-processing works
Novi Sad

OOUR "Craft Operations"
Kisački put no. 1
NOVI SAD
No.: 02-17/258
Novi Sad, 9.09.1982

HIGHER COURT IN NOVI SAD
Ref. No. P.1106/82

(Court receipt stamp: 10.IX.1982)

SUBJECT:
Based on your request, we are submitting to you a report on the earnings of VASIĆ MILORAD, who is employed in our RO.

Personal income for the period from 1.IX.1981 to 1.VII.1982.

for IX.1981 total 18,046.75 din.

for X.1981 total 14,860.70 din.

for XI.1981 total 12,226.20 din.

for XII.1981 total 13,532.60 din.

for I.1982 total 12,516.50 din.

for II.1982 total 9,373.35 din.

for III.1982 total 13,238.00 din.

for IV.1982 total 12,229.65 din.

for V.1982 total 14,566.40 din.

for VI.1982 total 15,840.90 din.

for VII.1982 total 14,938.75 din.

For the month of August 1982 we cannot provide the data because payment has not yet been made.

Average personal income for VASIĆ MILORAD amounts to: 13,760.92 dinars.

We hereby confirm that Vasić Milorad has no other income apart from wages.

(Round OOUR seal)

Payroll clerk
[Signature: Nadica Višnjovac]

Page 21

Higher Court in Novi Sad
Received directly
Date: 15.VII.1982
No.: P 1106/82
(Attorney's stamp: Dušan D. Uzelac, Novi Sad)

PLAINTIFF:
VASIĆ MILORAD from Sremski Karlovci, Sl. Rodića 8, represented by attorney Uzelac Dušan.

DEFENDANT:
VASIĆ GOSPAVA from Budisava, Petefi Šandora 172.

C O M P L A I N T
for divorce

The litigating parties concluded marriage before the registrar of the Municipality of Novi Sad on 21.I.1962.

EVIDENCE:
Extract from the marriage register.

In the marriage of the parties, on 28 June 1974, the child of the parties was born, Vasić, minor Milan.

EVIDENCE:
Extract from the birth register for the child.

The marital union of the parties was initially harmonious; however, in recent years relations between the parties became disturbed, so the union of the parties no longer fulfills either its natural or legal preconditions, all the more so because the factual marital union of the parties was also terminated by the plaintiff moving out of the common house of the parties in March 1982, and since then the parties have not in fact lived together.

EVIDENCE:
Hearing of the litigating parties.

The plaintiff was compelled to leave the marital union of the parties because frequent conflicts and disturbed relations between the parties exhausted the plaintiff both physically and mentally; this affected his ability to work, and there was no prospect that the relations between the parties would be repaired, and in such a situation the plaintiff has no will to continue the marital union.

The plaintiff is employed in RO "Novograp" - OOUR "Craft Operations", earning a personal income in the amount of about 12,000 dinars, and is prepared after the divorce to pay maintenance for the minor child according to the court's decision.

Bearing in mind the disturbed relations of the parties and the absence of will for the marital union of the parties to continue, the plaintiff has decided to file the present complaint, pointing to his justified interest, and proposing that the court, after taking the proposed evidence, render the following...

Page 22

J U D G M E N T

The marriage concluded between the plaintiff Vasić Milorad from Sremski Karlovci and the defendant Vasić, née Tomić, Gospava from Budisava, concluded on 21.I.1962 in Petrovaradin, is dissolved on the basis of Article 60 of the SAPV Marriage Act.

Each party bears its own costs.

In Novi Sad, 15 July 1982.

Plaintiff through counsel

Page 23

ATTORNEY
UZELAC D. DUŠAN
Address: 21000 NOVI SAD
Vojvođanske brigade no. 10
Tel: 317-902
89-111

P o w e r o f A t t o r n e y

By which I authorize UZELAC D. DUŠAN, attorney in Novi Sad — Futog, to represent me in the matter before the Higher Court in Novi Sad concerning divorce under Article 60 of the SAPV Marriage Act.

This authorization relates to the undertaking of all actions in the proceedings, receipt of documents, and money personally.

In case of absence, I agree that he be replaced by ..........................................................................

1982
in Novi Sad — Futog, on ...........................................

Grantor of the power of attorney:
[Signature: Vasić Milorad]

Page 24

EXTRACT FROM THE MARRIAGE REGISTER

Municipality: Novi Sad (Petrovaradin registry area)
District: Novi Sad
Republic: Serbia
Page: 468
Current number: 1

I. BASIC DATA ON THE MARRIAGE

Date of marriage:
21 January 1962

Place of marriage:
Petrovaradin

II. DATA ON THE GROOM

Name and surname:
Vasić Milorad

Previous marital status:
Unmarried

Date of birth:
25 February 1941

Place of birth:
Osječani, Doboj

Citizenship:
FNRJ

Nationality:
Serb

Occupation:
Painter

Place of residence:
Petrovaradin

Parents:
Father Vasić Nedeljko, mother née Janjić Jela

III. DATA ON THE BRIDE

Name and surname:
Tomić Gospava

Previous marital status:
Divorced

Date of birth:
21 August 1932

Place of birth:
Donji Klakar, Doboj

Citizenship:
FNRJ

Nationality:
Serb woman

Occupation:
Worker

Place of residence:
Petrovaradin

Parents:
Father Tomić Petar

IV. ADDITIONAL INFORMATION AND OFFICIAL PERSONS

Surname after marriage:
Both bear the surname Vasić

Witness 1:
Vojnović Milica, Petrovaradin

Witness 2:
Berjan Ramadan, Petrovaradin

Official person:
Mandić Franjo

Registrar:
Felja Franjo

Issued on:
24 January 1962

Seal:
People's Committee of the Municipality of Novi Sad - Petrovaradin

Page 25

SOCIALIST AUTONOMOUS PROVINCE OF VOJVODINA

EXTRACT FROM THE BIRTH REGISTER

Municipality:
NOVI SAD

Place of entry:
NOVI SAD

Year of entry:
1979

Current number:
2463

DATA ON THE CHILD

Surname, name and sex of the child:
VASIĆ MILAN - MALE

Day, month, year and time of birth:
28 June 1974

Place and municipality of birth:
NOVI SAD

DATA ON THE PARENTS (FATHER)

Surname:
VASIĆ

Name:
MILORAD

Citizenship:
SFRJ

Residence:
BUDISAVA

DATA ON THE PARENTS (MOTHER)

Surname and maiden surname:
VASIĆ née TOMIĆ

Name:
GOSPAVA

Citizenship:
SFRJ

Residence:
BUDISAVA

NOTES

Subsequent entries and notes:
(no entries)

OFFICIAL DATA

Place and date of issue:
In Novi Sad, 21.6.1979

Registrar:
(signature illegible)

(Official seal)
Seal: Assembly of the Municipality of Novi Sad

Page 26

HIGHER COURT IN NOVI SAD
Received on: 21.VIII.1982
No.: D-657/82

Counter-plaintiff-defendant:
VASIĆ GOSPAVA from Budisava, Petefi Šandora no. 52.

Counter-defendant-plaintiff:
VASIĆ MILORAD from Sremski Karlovci, S. Rodića no. 8.

COUNTERCLAIM
For divorce under Article 60 of the Marriage Act, in case no. P.1106/82

The plaintiff Vasić Milorad from Sremski Karlovci filed with that court a complaint seeking divorce of the marriage concluded between the plaintiff Vasić Milorad and the defendant Vasić, née Tomić, Gospava from Budisava, concluded on 21.01.1962 in Petrovaradin, on the basis of Article 60 of the SAPV Marriage Act. The counter-defendant-plaintiff and the counter-plaintiff-defendant lived in marital union until 16.02.1982, when the defendant left the marital union and thereby ended the community of life by moving to Sremski Karlovci, where he still has residence.

EVIDENCE:
hearing of the parties as needed and other evidence.

The counter-defendant-plaintiff is in permanent employment at RO "NOVOGRAP" Novi Sad, where he earns a monthly personal income of about 17,000 dinars, while the counter-plaintiff-defendant is not in permanent employment and has no separate income, that is, receives no income at all, and lives with the common child, minor Milan, born 28.06.1974.

EVIDENCE:
hearing of the parties and certificate of the amount of personal income, which I request the court to obtain from RO "NOVOGRAP" Novi Sad.

Since the counter-defendant-plaintiff Vasić Milorad is solely at fault for the breakdown of the marital union, the counter-plaintiff-defendant Vasić Gospava files this claim and proposes that, after conducting the hearing and taking the proposed evidence, the court render:

J U D G M E N T

The marriage between the counter-plaintiff-defendant Vasić Gospava, née Tomić, from Budisava, and the counter-defendant-plaintiff Vasić Milorad from Sremski Karlovci, concluded on 21.01.1962 in Petrovaradin, is dissolved on the basis of Article 60 of the SAPV Marriage Act, and as follows

./.

Page 27

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through the exclusive fault of the counter-defendant-plaintiff Vasić Milorad.
The child of the litigating parties, the minor Milan, born on 28.06.1974, is entrusted to the care, custody and upbringing of the counter-plaintiff-defendant Vasić Gospava - the mother, while the counter-defendant-plaintiff Vasić Milorad is obliged to pay, as his contribution to the maintenance of the minor Milan, 3,500 dinars monthly, and as his contribution to the maintenance of the counter-plaintiff-defendant Vasić Gospava, the amount of 3,500 dinars monthly, in total 7,000 dinars monthly, every month in advance from the 1st to the 10th of the month, starting from the day the claim was filed, and for as long as the legal conditions exist, into the hands of the counter-plaintiff-defendant Vasić Gospava, as well as to reimburse her litigation costs within 15 days under threat of enforcement.

20.08.1982.

Statement of costs:

• drafting with lump sum 720,-
• fee following reminder

Counter-plaintiff-defendant:
BUREAU FOR PROVIDING LEGAL AID
NOVI SAD, Trg Lenjina no. 7
ADVISER
[Signature: Dragan Prodanović, LL.B.]

Page 28

BUREAU FOR PROVIDING LEGAL AID
NOVI SAD

P O W E R O F A T T O R N E Y

I, the undersigned, hereby authorize PRODANOVIĆ DRAGAN, LL.B., adviser of the Bureau for Providing Legal Aid in Novi Sad, to represent me in the capacity of defendant - counter-plaintiff in the proceedings / litigation pending before the Higher Court in Novi Sad concerning divorce, and in that proceeding to undertake all procedural actions — all actions in the proceeding, and in particular to withdraw the complaint, admit the claim, waive the claim, file a legal remedy and waive the right to file a legal remedy, and conclude a settlement in the proceeding.

I authorize my attorney that all of his powers under this power of attorney may be transferred to .........................................................................., LL.B.s, advisers of the Bureau for Providing Legal Aid in Novi Sad.

I acknowledge as my own all legal actions thus undertaken by my attorney / attorneys.

In Novi Sad, dated 20.VIII.1982.

Principal:
[Signature: Vasić Gospava]

BN9 — C-2122/79.

Page 29

DNA:
deliver the counterclaim to the plaintiff's attorney, Dušan Uzelac, attorney from Futog. Received [Signature]

request a report on the plaintiff's earnings from RO "NOVOGRAP" OOUR "CRAFT OPERATIONS", Kisački put no. 1.

from the SIZ for social protection request a report and opinion as to which of the parents the child should be entrusted.

EXP:
6.IX.1982. [Signature]

RECORD:
25.IX.1982.

Page 30

HIGHER COURT IN NOVI SAD
Ref. No. P.1106/82.
Dated 6.IX.1982

RO "NOVOGRAP" — OOUR "CRAFT OPERATIONS"
NOVI SAD
Kisački put no. 1

Proceedings are being conducted before this court upon the complaint of VASIĆ MILORAD from Sremski Karlovci, Slavka Rodića 8, against the defendant VASIĆ GOSPAVA from Budisava, for divorce.

Please provide us with a report on the earnings of VASIĆ MILORAD, your employee, for the preceding year, i.e. from 1.IX.1981 to 1.IX.1982, with each month stated separately, and indicate the average of his monthly personal income. It is also necessary that you inform us of his other income as well, such as child allowance and the like.

The data should be DELIVERED TO THE COURT URGENTLY under the above reference number!

exp: 6.IX.82.
[Signature]

PRESIDING JUDGE — JUDGE
[Signature: Eva Popović]
Popović Eva s.r.
Certified as a true copy

Page 31

HIGHER COURT IN NOVI SAD
Ref. No. P.1106/82.
Dated 6.IX.1982

To the SIZ for Social Protection
NOVI SAD

Proceedings are being conducted before this court upon the complaint of VASIĆ MILORAD from Sremski Karlovci, Sl. Rodića no. 8, against the defendant VASIĆ GOSPAVA from Budisava, Petefi Šandora no. 172, for divorce.

A son, Vasić Milan, was born in the marriage.

Please, by visiting the place, determine the personal, family, housing and other circumstances of both parents, and inform us to which of the parents the child should be entrusted.

In your reply to this letter, refer to the above number.

PRESIDING JUDGE — JUDGE
[Signature: Eva Popović]
POPOVIĆ EVA s.r.
Certified as a true copy

exp: 6.IX.82.
[Signature]

Page 32

HIGHER COURT IN NOVI SAD
Received on: 3.IX.1982.
No.: P 1106/82
(Stamp of the Bureau for Providing Legal Aid Novi Sad)

Counter-plaintiff-defendant:
VASIĆ GOSPAVA, Budisava, P. Šandora 52

Counter-defendant-plaintiff:
VASIĆ MILORAD from Sremski Karlovci, Sl. Rodića 8

SUBMISSION OF THE COUNTER-PLAINTIFF-DEFENDANT
with a motion for securing an INTERIM MEASURE for maintenance

The counter-plaintiff-defendant, by counterclaim dated 20.8.1982, requested divorce due to the fault of the counter-defendant-plaintiff in case no. P-1106/82 before that court and proposed that the counter-defendant be ordered to pay his contribution to spousal maintenance in the amount of 3,500 dinars and his contribution to the maintenance of the minor child of the litigating parties in the amount of 3,500 dinars, totaling 7,000 dinars, starting from the day the claim was filed.

The counter-defendant-plaintiff Vasić Milorad has not been living, as stated in the counterclaim, in marital union with the counter-plaintiff since 16.2.1982, and since then has not given his contribution for the maintenance of the minor son Milan and for the maintenance of the counter-plaintiff, although the plaintiff is unfit for work and has no sources of income, which is well known to the counter-defendant, because of which the plaintiff and the common child live in poverty and on the help of neighbors and closest relatives. The counter-defendant earns a personal income of around 14,000 dinars at RO "Novograp" - OOUR "Craft Operations" and is in a position to contribute to the maintenance of the plaintiff and the common minor child in the above-mentioned amount.

EVIDENCE:
certificate of RO "Novograp" on the amount of the plaintiff-counter-defendant's personal income, attached.

By this submission the counter-plaintiff-defendant also informs the court that, pursuant to the court's decision regarding the obtaining of evidence of incapacity for work, that evidence is found in the files of case no. P-3017/82 of the Municipal Court in Novi Sad, where civil proceedings are being conducted regarding maintenance, in this same legal matter, initiated before these proceedings, so we ask that the cited certificate be obtained ex officio from that court, and if that certificate is not sufficient as evidence, we further request that the court, if necessary, order an expert examination on the issue of the working capacity of the counter-plaintiff-defendant through the Medical Faculty Novi Sad - OOUR Institute of Occupational Medicine Novi Sad.

EVIDENCE:
files of case P-3017/82 of the Municipal Court Novi Sad and other evidence as needed.

For the stated reasons, the counter-plaintiff-defendant submits this motion and proposes that the court URGENTLY render the following

D E C I S I O N
for the purpose of securing maintenance of the counter-plaintiff-defendant Vasić Gospava and the common child, minor Vasić Milan, it is ordered

./.

Page 33

2 -

...an INTERIM MEASURE is issued and the counter-defendant-plaintiff is ordered, until this dispute becomes final and is concluded, to pay the counter-plaintiff-defendant, as his contribution to the maintenance of the counter-plaintiff and contribution to the maintenance of the minor son Milan, each month an amount to be determined by the court within the limits of the asserted claim, starting from 1.9.1982.

An appeal against this decision does not stay its enforcement.

2.9.1982.

Counter-plaintiff-defendant:
BUREAU FOR PROVIDING LEGAL AID
NOVI SAD, Trg Lenjina no. 7
ADVISER
[Signature: Dragan Prodanović, LL.B.]

Page 34

NOVOGRAP
OOUR "CRAFT OPERATIONS"
Novi Sad, Kisački put no. 1

Novi Sad, 31.08.1982.

C E R T I F I C A T E

This is to certify that our worker VASIĆ MILORAD achieved an average personal income in the amount of 13,939.38 dinars.

The certificate is issued for the purpose of regulating the meal allowance for the child VASIĆ MILAN, a second-grade pupil.

(Official seal)
Round seal: NOVOGRAP - OOUR CRAFT OPERATIONS

Payroll clerk:
[Signature: Nadica Višnjovac]
Nadica Višnjovac