Judgment no. 106/2020/HNGD-ST dated august 17, 2020 on divorce dispute

THE PEOPLE'S COURT OF CAN THO CITY

JUDGMENT NO. 106/2020/HNGD-ST DATED AUGUST 17, 2020 ON DIVORCE DISPUTE

On August 17, 2020, at the headquarters of the People's Court of Can Tho province, the public first instance hearing of the case No. 193/2019/TLST-HNGD is held on August 26, 2019 in the matter of "divorce dispute".

According to Decision to bring the case to first instance trial No. 56/2020/QD-ST dated July 31, 2020 between:

- Petitioner: Mrs. Do Thi Yen N, born in: 1997; residence: Thanh Hung 2 hamlet, T commune, Co Do district, Can Tho city.

- Respondent: Mr. Hur W, born in: 1974; residence: 135, Pyeongwon-d, Wonju-si, Gangwon-do.

FACTUAL AND PROCEDURAL BACKGROUND

Representation of the petitioner: Without prior romance or affection, she and Mr. Hur W formed a marital relationship based on matchmaking and registered their marriage at the People’s Committee of Co Do district, Can Tho city in 2018. Mr. Hur W moved back to Korea after getting married and stopped contacting her ever since. Seeing no happiness and future in the marriage, she asks for a divorce.

They have no common child, common property, or common debt while living together.

The court requested a judicial assistance through a foreign mission where Mr. Hur W lives. Up to now, there has been no written response bearing consular authentication to the Court, and the litigants have been absent from the case settlement process.

Opinions of the representative of the People’s Procuracy of Can Tho city in the trial: The litigants and the court have complied with the law on civil procedures. The procuracy requests the Trial Panel to accept the petitioner's lawsuit claim.

After announcing the contents of the case and documents and evidences provided by the involved parties contained in the case file; after the Trial Panel discusses the contents to be resolved in the case;

JUDGEMENT OF THE COURT

[1]. In terms of court procedures: The petitioner is Vietnamese, the respondent is a foreigner. They registered their marriage with a competent authority of Vietnam. Therefore, this is a divorce dispute involving foreign element, falling under the jurisdiction of the People's Court of Can Tho city.

[2]. Regarding the divorce petition:  Mrs. Do Thi Yen N and Mr. Hur W established a marriage relationship on the basis of matchmaking, and were granted a marriage certificate by the competent authority in 2018. After the marriage, Mr. Hur W returned to his home country, while Mrs. N stayed in Vietnam.  With the separation and language barrier, they no longer contact each other, thereby leading to no emotional attachment.  Considering that the purpose of marriage has not been achieved. The trial panel accepts the petitioner's request for divorce in accordance with Article 56 of the Law on Marriage and Family in Viet Nam.

[3]. Since the petitioner claims no common children, common property or common debt and the respondent does not appear in court, resulting in no confrontation in court, the trial panel will disregard this matter. If there is a dispute, it will be resolved into another case.

[4]. First-instance marriage and family court fee:  Mrs. N must bear the court fee according to the provisions of Clause 4, Article 147 of the Civil Procedure Code 2015 in Viet Nam.

[5]. Regarding the right to appeal: Due to the litigants’ absence at the court hearing, they have the right to appeal the judgment according to clauses 1 and 2 Article 479 of the Civil Procedure Code 2015.

For the foregoing reasons;

DISPOSITION

Pursuant to Clause 1, Article 56, Article 123 of the Law on Marriage and Family; Article 28, Article 37, Clause 4, Article 147, Clause 1, Article 228, Clause 3, Article 474, Clauses 1 and 2, Article 479 of the Civil Procedure Code 2015; Article 44 of Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges.

Declare: Accept divorce request of Mrs. Do Thi Yen N.

- Regarding conjugal relationship: Mrs. Do Thi Yen is granted a divorce from Mr. Hur W.

- Regarding common children, common property and common debt: The litigants state none of them and no request, so it is not considered in this case.

- Regarding first-instance marriage and family court fee:  Ms. Do Thi Yen N must bear VND 300,000 (Three hundred thousand dong), which is deducted from the amount of VND 300,000 paid in advance according to receipt No. 001184 dated August 23, 2019 of Department of Civil Judgment Enforcement of Can Tho city. She has fully paid the first instance court fee.

- Regarding the charge for judicial assistance and notification abroad:  Mrs. Do Thi Yen N must bear a judicial assistance charge of VND 200,000 (Two hundred thousand dong), which is deducted from VND 200,000 paid in advance according to the receipt No. 0003976 dated September 11, 2019 of Department of Civil Judgment Enforcement of Can Tho city and the cost of VND 2,000,000 for posting. She has fully paid the charge.

- Regarding the right to appeal of the litigants: Ms. Do Thi Yen N has the right to appeal this judgment within 15 (fifteen) days from the date the judgment is served or from the date the judgment is duly posted in accordance with the law to request the People's Superior Court in Ho Chi Minh City to adjudicate the case according to appellate procedures.  Mr. Hur W has the right to appeal this judgment within 30 (thirty) days from the date the judgment is duly served or duly posted as prescribed by law.

In case the court verdict or decision is enforced as per regulations in Article 2 of the Law on enforcements of civil judgments in Viet Nam, the judgment creditor and judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Article 6, 7 and 9 of the Law on enforcement of civil judgments, and the effective period of judgment enforcement shall comply within provisions in Article 30 of the Law on enforcement of civil judgments.