Judgment No. 01/2018/HNGD-ST dated August 28, 2018 on divorce petition involving foreign elements

THE PEOPLE’S COURT OF TUYEN QUANG PROVINCE

JUDGMENT NO. 01/2018/HNGD-ST DATED AUGUST 28, 2018 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On August 28, 2018, at the office of People’s Court of Tuyen Quang Province, the first instance trial was conducted to hear the marriage and family case No. 02/2018/TLST-HNGD dated July 13, 2018 on the divorce petition involving foreign elements according to the Decision to Bring the Case to Trial No. 01/2018/QDXXST-HNGD dated August 10, 2018 between litigants:

1. Petitioner: Mrs. Tran Thi P, born in 1989

Address: U 16, 34401 D, Czech Republic. Request for Trial in Absentia is available.

2. Respondent: Mr. Nguyen Duc A, born in 1992

Address: Village H, Commune N, District S, Tuyen Quang Province; Present.

THE CASE

The content of the petition filed by the petitioner Mrs. Tran Thi P: She and Mr. Nguyen Duc A got married on April 27, 2017 at the People’s Committee of Commune N, District S, Tuyen Quang Province. Due to geographical distance, they are out of sight, out of mind for each other, they both have love affairs and do not get a common voice in their marriage life. Despite family’s advice, they both want a divorce.

With reference to common children: None.

With reference to common property and liabilities: No common property is claimed so the court is not requested to settle.

Mrs. Tran Thi P submitted the Request for Trial in Absentia, because of geographical distance and her own work, she cannot return to Vietnam to go through divorce proceedings with Mr. Duc A.

Representation of the respondent Mr. Nguyen Duc A: He and Mrs. Tran Thi P got married in April, 2017 at the People’s Committee of Commune N, District S, Tuyen Quang Province. After marriage, while he has lived in Commune N, District S, Tuyen Quang Province, Mrs. P returned to her parents' house in Commune G, District K, Hung Yen Province, they have not held a wedding ceremony. Until June, 2017, Mrs. P went to Czech Republic for business, then, they seldom had kept touch with and taken care of each other. By August, 2017, they came into conflicts because Mrs. P had an adulterous relationship with another man. Sensing that their affections have faded away, he consents to her divorce petition.

With reference to common children: None.

With reference to common property and liabilities: None. The court is not requested to settle. At the court hearing, Mr. Duc A upholds his consent to the divorce petition of Mrs. Tran Thi P. The representative of the People’s Procuracy of Tuyen Quang province gives opinions at the court hearing as follows: The Judge, Trial Panel, court reporter and procedural participants (petitioner, respondent) have complied with the Civil Procedure Code.

With reference to the case: Request the Trial Panel to grant Mrs. Tran Thi P a divorce from Mr. Nguyen Duc pursuant to Articles 51, 56 of the Law on Marriage and Family 2014 in Viet Nam; Article 469, Article 479 of the Civil Procedure Code 2015 in Viet Nam; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, exemption, reduction, management and use thereof. With reference to court fee: Mrs. Tran Thi P has to pay a first instance marriage and family court fee as per the law.

JUDGEMENT OF THE COURT

Based on the materials available in the case file and evidence considered at the court hearing, the Trial Panel considers as follows:

 [1] With reference to application of civil procedure law: In fact, Mrs. Tran Thi P filed for divorce from Mr. Nguyen Duc A with the court when she has lived in Czech Republic. So, this is a marriage and family case involving foreign elements, which is under first instance jurisdiction of the People’s Court of Tuyen Quang Province as prescribed in Clause 3 Article 35 of the Civil Procedure Code.

During the divorce proceedings, Mrs. Tran Thi P submitted a Request for Trial in Absentia, therefore, the court resolves the case in absence of Mrs. Tran Thi P as prescribed in Article 207 (regulation on civil cases with failed reconciliation); Article 238 (regulations on procedures for trial in absence of procedural participants) of the Civil Procedure Code.

 [2] With reference to conjugal relationship: Mrs. Tran Thi P and Mr. Nguyen Duc A had their marriage registered on April 27, 2017 at People’s Committee of Commune N, District S, Tuyen Quang Province on voluntary basis, thus this is a legal marriage. After marriage, while Mr. Duc A has lived in Commune N, District S, Tuyen Quang Province, Mrs. P returned to her parents' house in Commune G, District K, Hung Yen Province. Until June, 2017, Mrs. P went to Czech Republic for business, due to geographical distance, their marriage life was not happy, they have not regularly kept touch with or taken care of each other. They also have had adulterous relationships with others. Deeming that their conflicts are extremely serious, the purpose of marriage is not achieved, thus, it is advisable to accept the divorce petition of Mrs. Tran Thi P.

 [3] With reference to common children: They both confirm that they have no common child and do not request the court to settle.

 [4] With reference to common property and liabilities: They both confirm that they have no common property, do not lend or borrow money so they do not request the court to settle.

 [5] With reference to court fee: Mrs. Tran Thi P has to pay a first instance marriage and family court fee as per the law, which is deducted from the paid court fee advance.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to: Articles 51, 56 of the Law on Marriage and Family 2014; Article 469, Article 479 of the Civil Procedure Code 2015; Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, exemption, reduction, management and use thereof:

1. Hereby judges:  Mrs. Tran Thi is granted a divorce from Mr. Nguyen Duc A.

2. With regard to court fees: Mrs. Tran Thi P has to pay VND 300,000 (Three hundred thousand dong) of first instance marriage and family court fee, which is deducted from the court fee advance of VND 300,000 (Three hundred thousand dong) paid by Mr. Nguyen Ngoc T according to the receipt No. 0000501 of Department of Civil Judgment Enforcement of Tuyen Quang Province. Mrs. P has paid full first instance marriage and family court fee.

3. Mrs. Tran Thi P has the right to appeal the Judgment within 1 month from the date on which it is legally served; Mr. Nguyen Duc A has the right to appeal the Judgment within 15 days from the date of pronouncement./.