Judgement No. 02/2019/HNGD-ST dated 16th of january, 2019 on non-recognition of marriage

PEOPLE’S COURT OF HA TINH PROVINCE

JUDGEMENT NO. 02/2019/HNGD-ST DATED 16^TH OF JANUARY, 2019 ON NON-RECOGNITION OF MARRIAGE

On 16th of January, 2019, the first instance trial of Marriage and Family was conducted at the courtroom of People's Court of Ha Tinh Province to hear the case No. 51/2018/TLST-HNGD dated 11th December, 2018.

According to the Decision to Bring the case to the court hearing No. 01/2019/QDXXST-HNGD dated 03rd of January, 2019 between the parties:

1. Petitioner:  Mrs. Nguyen Thi N, born in 1979 (Present).

Address: Hamlet H, Commune V, District C, Ha Tinh Province

2. Respondent: Mr. Hoang L, born in 1971 (Absent, with request for trial in absentia).

Registerd permanent residence before emigration: Hamlet H, Commune V, District C, Ha Tinh Province.

Currently working in the French Republic

THE CASE

According to the testimony in dossiers of Mrs. Nguyen Thi N and Mr. Hoang L:

With reference to marriage: Mrs. Nguyen Thi N and Mr. Hoang L got to know and cohabited with each other at Hamlet D, Commune Q, District B, Quang Binh Province. While living together, Mrs. N and Mr.L shared intimate meals in the presence of both parties' families and later moved to Commune V, District C, Ha Tinh Provice to live there. Due to lack of legal knowledge, Mrs. N and Mr. L did not register marriage. Mrs. N and Mr. L lived happily for a period of time until conflict in 2002. The conflicts came from personality differences, disrespect to each other, regular arguments and fights. In 2008, Mr. L left for overseas labor, the couple occasionally contacted via phones, but their marital bond broke, Mrs. N even does not know where Mr. L currently lives. She finds that they have not had spousal attachment any longer and they also have cohabited without registering marriage, so their relationship is not recognized by law. Thus, both Mrs. N and Mr. L request the Court to declare non-recognition of marriage.

With reference to common children: During their cohabitation period, the couple has 3 children, who are Hoang Thi Kim A, born in 1996; Hoang Thi Kim M, born on September 5, 1999; Hoang Ngoc P, born on June 4, 2001. Currently, Hoang Thi Kim A and Hoang Thi Kim M have all grown up thus the couple do not request the resolution to common children matters with respect to these two children. Along with request for declaration of non-recognition of marriage between Mrs. N and Mr. Hoang L, she also seeks custody of Hoang Ngoc P, born on June 4, 2001 but does not demand child support from Mr. L. Mr. L agreed to give child custody to Mrs. N.

With reference to common property and liabilities: Mrs. Nguyen Thi N and Mr. Hoang L do not request the Court to settle.

Representative of People’s Procuracy of Ha Tinh Province stated during the hearing: The Court has complied with regulations and law on proceeding, acted in accordance with authorized level, the parties have complied with regulations and law. With reference to the request for declaring non-recognition of marriage by the parties, Mrs. Nguyen Thi N and Mr. Hoang L are declared not husband and wife, and thus resolve common children issues as agreed; and as no common property is claimed, they will not be considered further.

JUDGEMENT OF THE COURT

[1] Proceeding: Mr. Hoang L is currently a freelance labourer in the French Republic without specific address. By Official Dispatch No. 6837/A08-P5, dated December 24, 2008 of Immigration Department confirming that Mr. Hoang L was granted a passport No. B1822717 dated January 8, 2008, the passport was used to exit on July 09, 2008 and there is no sign of entry. Hence, the case falls into the jurisdiction of People's Court of Ha Tinh Province as regulated in Article 37 of the Code of Civil Procedure. The Court has confirmed via Mr. L’s relative Ms. Hoang Thi Kim A, his daughter (according to confirmation record dated December 17, 2018 and December 28, 2018), Ms. Anh claimed that her father contacted her via phones and was aware of her mother requesting non-recognition marrige from the Court. However, her father did not provide any specific address but made a letter of authorization, an affidavit, along with request for non-recognition of marriage between him and her mother, and then sent them to her and authorized her to submit and receive Court's procedural papers. According to Official Dispatch No. 253/TANDTC-PC, dated November 26, 2018 of the Supreme People’s Court on resolving a divorce of an overseas Vietnamese respondent without specific address, the Court shall consider trial in absence of Mr. Hoang L as regulated. [2] Details:

[2.1] With reference to marriage: Marriage between Mrs. Nguyen Thi N and Mr. Hoang L is not recognized by the law, the couple voluntarily lived together since 1995 without marriage registration but with wedding ceremony, their cohabitation was accepted by both families and witnessed by local authority. The People’s Committee of Commune V, District C, Ha Tinh Province and the People’s Committee of Commune Q, District B, Quang Binh Province confirmed Mrs. N and Mr. L did live together as husband and wife but did not register marriage. Mrs. N and Mr. L are eligible for marriage registration, however they did not do so. According to regulations in Point b Clause 3 Resolution No. 35/2000/NQ-QH10 dated June 09, 2000 of the National Assembly, they are not recognized as legal husband and wife and if either or both of them request(s) for divorce, the Court will accept the case.

Considering Mrs. Nguyen Thi N and Mr. Hoang L lived together for a period of time until conflicts and fights occurred. In 2008, Mr. L left for overseas labor and ceased living together, their marital bond broke. Thus, as deeming Mrs. N and Mr. L’s request for non-recognition of marriage as well-grounded and accordant with regulations in Clause 1 Article 14; Clause 2 Article 53 of the Marriage and Family Law in 2014; Clause 3 Resolution No. 35/2000/NQ - QH10 dated June 09, 2000 of the National Assembly;  Point b Section 2 of Joint Circular No. 01/2001/TTLT-TANDTC-VKNDST-BTP dated January 03, 2001, the Trial Panel accepts Mrs. Nguyen Thi N and Mr. Hoang L’s request.

[2.2] With reference to common children: Accept the agreement between Mrs. Nguyen Thi N and Mr. Hoang L to award Mrs. N the custody of Hoang Ngoc P, born on June 04, 2001 without Mr. L’s obligation to provide child support.

[2.3] With reference to common property: Not requested by the parties thus will not be considered.

[2.4] With reference to court fees: Mrs. Nguyen Thi N’s voluntary payment of first instace court fee is accepted.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

Pursuant to Clause 7 Article 28, Clause 35, Article 37, Article 147 of the Code of Civil Procedure; Clause 1 Article 9, Clause 1 Article 14, Article 15, 16, Clause 2 Article 53, Article 81, 82, 83, Article 123, 127 of the Marriage and Family Law;  Point b Clause 3 Resolution No. 35/2000/NQ-QH10 dated June 09, 2000 of the National Assembly; Point b, Section 2 Joint Circular No. 01/2001/TTLT-TANDTC-VKNDST-BTP dated January 03, 2001; Clause 5 Article 27 Resolution No. 326/2016/UBTVQH on collection, transfer, management and use of court fees. Hereby judges:

1. With reference to marriage: Do not recognize the marriage between Mrs. Nguyen Thi N and Mr. Hoang L.

2. With reference to common children: Accept the agreement between Mrs. Nguyen Thi N and Mr. Hoang L to award Mrs. N the custody of Hoang Ngoc P, born on June 04, 2001 without Mr. L’s obligation to provide child support.

3. With reference to court fees: Accept the voluntary payment of 300,000 VND of Mrs. Nguyen Thi N, which is deducted from 300.000 VND that Mrs. N paid Ha Tinh Province Department of Civil Judgment Enforcement according to receipt No. 001261 dated December 11, 2018.

4. With reference to the right to appeal: Mrs. Nguyen Thi N has the right to appeal the Judgement within 15 days from the date of pronouncement of the Judgement. Mr. Hoang L has the right to appeal the Judgement within 15 days from the date on which this Judgement is publicly posted up and the date on which Mr. L's authorized person (Ms. Hoang Thi Kim A) receives the Judgement.