Judgment No. 03/2017/HNGD-ST dated December 29, 2017 on divorce

PEOPLE’S COURT OF HOA BINH PROVINCE

JUDGMENT NO. 03/2017/HNGD-ST DATED DECEMBER 29, 2017 ON DIVORCE

On December 29, 2017, the first-instance trial court was conducted at the office of People’s Court of Hoa Binh Province to hear the case No. 04/2017/TLST-HNGD dated November 14, 2017 on divorce petition. Pursuant to the Decision to hear the case under first-instance trial No. 04/2017/QD-ST dated December 12, 2017 between litigants:

- Petitioner:  Mr. Khau Thuy P (Other name: Chiu Chui F), born in 1961. Address: 6, Corner 8, Alley 779, Street T, Hamlet 005, Ward D, District L, City D, Taiwan. Absent.

Passport No. 315451514 issued by Ministry of Foreign Affairs of Taiwan on July 6, 2017, validity date: July 6, 2017.

The petitioner filed a Request for Trial in Absentia dated October 23, 2017, consularly legalized by Department of Consular affiliated to Ministry of Foreign Affairs of the Socialist Republic of Vietnam on November 13, 2017.

- Respondent:  Mrs. Tran Thi T, born in 1985. Address: Hamlet D, Commune N, District Y, Hoa Binh Province. Present.

THE CASE

Representation of Mr. Khau Thuy P (Other name: Chiu Chui F) in the petition for divorce dated October 23, 2017: He and Mrs. Tran Thi T got married on July 25, 2017 on voluntary basis. They registered marriage at the People’s Committee of District Y, Hoa Binh Province. On November 7, 2017, he asked Mrs. T to join a visa interview at the Taipei Economic and Cultural Representative Office in Hanoi, however, they both recognized that their personalities are mismatched, their marriage cannot last longer. Deeming that their marital bond broke, Mr. Khau Thuy P asked for a divorce from Mrs. Tran Thi T. Because Mr. Khau Thuy P has lived abroad, he cannot return to Vietnam to resolve the divorce due. Therefore, he submitted a Request for Trial in Absentia certified by the Embassy of Vietnam in Taiwan.

Representation of Mrs. Tran Thi T: Mrs. T confirms marriage conditions, time, circumstances and registration as true as stated by Mr. Khau Thuy P. Mrs. T determines that due to language barrier, difference in views of life, they have no longer had strings attached. Thus, they cannot continue their marriage life. She also agrees to the petition for divorce of Mr. Khau Thuy P and requests the Court to grant them a divorce.

With reference to common children: They have no common child.

With reference to common property and liabilities: They both declare that they have just registered marriage, so they have no common property, do not owe or lend money.

At the first instance court hearing, Mrs. T declares that after wedding, Mr. Khau Thuy P had lived with her in District Y (her permanent residence) for 10 days before he returned to Taiwan. After having lived together, they found there were language barrier and differences in views on life between them and their emotional bond cannot develop. She consents to Mr. Khau Thuy P's petition for divorce.

Opinions of procurator at the court hearing: The first instance Judge and Trial Panel have complied with laws and regulations on civil procedures. Because the petitioner has lived abroad, this case falls under jurisdiction of the People’s Court of the province. At the court hearing, the Trial Panel adheres to laws and regulations of the Civil Procedure Code. The litigants also observe regulations of Articles 70 and 71 of the Civil Procedure Code. The trial in absence of Mr. Khau Thuy P is conducted in accordance with laws and regulations on civil procedures.

JUDGEMENT OF THE COURT

[1] In terms of court procedures:

The petitioner Mr. Khau Thuy P who has lived abroad filed a petition for divorce from Mrs. Tran Thi T, whose registered permanent residence is Commune N, District Y, Hoa Binh Province. Pursuant to Article 37, Clause 1 Article 38, Article 39 of the Civil Procedure Code 2015 in Viet Nam, the case falls under jurisdiction of the People’s Court of Quang Binh Province.

According to the Request for Trial in Absentia filed by Mr. Khau Thuy P, pursuant to Point b, Clause 1, Article 238 of the Civil Procedure Code 2015, the People’s Court of Hoa Binh Province conducts a trial in absence of the petitioner.

[2] With reference to content:

With reference to conjugal relationship:

The conjugal relationship between Mr. Khau Thuy P and Mrs. Tran Thi T is legal. About 3 months after wedding, they both recognized the language barrier, their mismatched personalities, and difference in views of life that prevent them from continuing their marriage life, thus, Mr. P filed a petition for divorce and Mrs. T, deeming that they have not had spousal attachment any longer, agreed to divorce. Accordingly, it is proved that the marital bond between them is deem broken, the marriage life cannot last longer, the purpose of marriage is not achieved, and they both consent to the divorce. The amicable divorce between Mr. Khau Thuy P and Mrs. Tran Thi T is voluntary, well-grounded, in accordance with Articles 51, 53, 55 of the Law on Marriage and Family 2014 in Viet Nam, therefore, the Trial Panel accepts it.

With reference to common children: Mrs. T and Mr. P have no common child.

With reference to common property and liabilities: They both declare that they have no common property, do not owe or lend money.

With reference to court fees: Mrs. Tran Thi T voluntarily pays the first instance divorce court fee.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

Pursuant to   Articles 51, 53, 55 of the Law on Marriage and Family 2014; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges.

Judges: Grant Mr. Khau Thuy P (Chiu Chui F) a divorce from Mrs. Tran Thi T.

With reference to common children: None.

With reference to common property and liabilities: None.

With reference to court fees: Mrs. Tran Thi T voluntarily pays VND 300,000 (three hundred dong) of first-instance marriage and family court fee, which is deducted from court fee advance (three hundred dong) according to the receipt No. 000763 dated November 14, 2017 of Department of Civil Judgment Enforcement of Hoa Binh Province.

With reference to right to appeal: Mrs. Tran Thi T has right to appeal within 15 days from the pronouncement date. Mr. Khau Thuy P (Chiu Chui F) has right to appeal within 15 days from the date on which he receives the copy of the Judgment.