Judgment No. 16/2017/HNGD-ST dated September 25, 2017 on divorce

PEOPLE’S COURT OF THAI NGUYEN PROVINCE

JUDGMENT NO. 16/2017/HNGD-ST DATED SEPTEMBER 25, 2017 ON DIVORCE

On September 95 2017, the first instance trial court was conducted at the office of People’s Court of Thai Nguyen Province to hear the case No. 16/2017/TLST-HNGD dated August 17, 2017 regarding divorce dispute according to the Decision to Bring the Case to Trial No. 28/2017/QDXX-ST dated September 19, 2017 between the following litigants:

1. Petitioner:  Mrs. H - born in 1976;

residing in: Village D, Commune H, Town P, Thai Nguyen Province.

2. Respondent:  Mr. K - born in 1955;

residing in: No. 760 50TH AVE, EAST VENCOUVER BC . V5X IB3 CANADA.

(Mrs. H is present, Mr. K is absent, Mr. K submitted a Request for Trial in Absentia dated September 8, 2017)

THE CASE

Representation of Mrs. H in the petition for divorce dated August 7, 2017 and the self-declaration dated August 21, 2017 and at the court hearing:

She and Mr. K got married in 2007 on the voluntary basis, they registered marriage at the People’s Committee of Thai Nguyen Province, Vietnam.

After wedding, they had lived together for more than one month. Because Mr. K had business abroad, he returned to Canada. At first, they kept regular contact with each other through phone calls, but because of geographical distance, their emotional bond became more distant. Since Mr. K returned to Canada, he has never returned to Vietnam, they have separated since 2007. Now, she deems that their marital bond breaks and marriage is not happy, their conflicts become more serious, so she asks for divorce from Mr. K.

With reference to common children: None.

With reference to common property and liabilities: None.

In the request filed with the People’s Court of Thai Nguyen Province, Vietnam dated September 8, 2017, he confirms the wedding time, marital status, common children and properties, liabilities as stated as Mrs. H. Now, he determines that he will stay in Canada, and Mrs. H will live in Vietnam, they have lived apart and their marital bond breaks. He agrees to the divorce from Mrs. H.

Currently, because of business in Canada, he cannot return to Vietnam to participate in the case in person. He made a request for absence in all working sessions and the trial of the Court.

JUDGEMENT OF THE COURT

After considering documents available in the case file and hearing the representation of Mrs. H and opinions of representative of the People’s Procuracy of province, the Trial Panel considers as follows:

[1] In terms of court procedures: In this case, the respondent’s nationality is Canada, currently residing and working in Canada, stating in the marriage certificate, passport and the certificate of residence of Mr. K certified by Steven Le notary of British Columbia Province and authenticated by the Office of Justice of City T - Thai Nguyen Province - Vietnam. Therefore, this is a divorce case involving foreign elements falling under jurisdiction of the People’s Court of Thai Nguyen Province as prescribed in Article 37 of the Civil Procedure Code 2015 in Viet Nam.

During the lawsuit settlement, the respondent lives abroad and does not return to Vietnam to participate in the legal proceedings, pursuant to Article 207 of the Civil Procedure Code 2015, the Court cannot carry out reconciliation. The defendant received all court documents and filed a request with the Court, raising opinions as to the case resolution and request the Court to try in his absence, pursuant to Clause 1 Article 228, Clause 5 Article 477 of the Civil Procedure Code 2015, the Court conducts the trial in absence of the respondent as per the law.

[2] With reference to content: The marriage between Mrs. H and Mr. K is established on voluntary basis, they registered marriage at the People’s Committee of Thai Nguyen Province, Vietnam. It is considered a legal marriage protected by law.

After wedding, they had lived together for more than one month and had little time of each other. Because Mr. K had business abroad, he returned to Canada. At first, they kept regular contact with each other through phone calls, but because of geographical distance, their emotional bond became more distant. Since Mr. K returned to Canada, he has never returned to Vietnam, they have separated since 2007. Now, she deems that their marital bond breaks and marriage is not happy, their conflicts become more serious, so she asks for divorce from Mr. K. Mr. K sent a document to the Court, showing his consent to divorce.

Thus, there are substantial grounds to determine that the marital conflicts between Mrs. H and Mr. K became serious, they have not fulfilled their obligations to love and care each other. He agrees to the divorce filed by Mrs. H. At the court hearing, Mrs. H upholds her petition for divorce, so, granting her a divorce from Mr. K is deemed conformable to Article 56 of the Law on Marriage and Family of Vietnam.

With reference to common children: They both confirm that they have no common children. With reference to common property and liabilities: None.

At the court hearing, the representative of the People’s Procuracy offers opinions that the Judge - the chair of court hearing and Trial Panel have complied with laws and regulations; in terms of guidelines to resolve the case, request the Trial Panel to accept the petition for divorce of Mrs. H and grant her the divorce. No common children, properties and liabilities, so the Court does not settle it. Mrs. H has to pay a court fee as per the law. The request of the representative of the People’s Procuracy has substantial grounds to accept.

Pursuant to facts and matters mentioned above:

HEREBY DECIDES

Pursuant to:  Articles 28, 37, 40, 147, 207, Clause 1 Article 228 and Clause 5 Article 477 of the Civil Procedure Code 2015; Article 56 of the Law on Marriage and Family 2014 in Viet Nam; Clause 5 Article 27 of Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of National Assembly on court fees and charges, remission, collection, payment, management and use thereof;

1. With reference to conjugal relationship: Mrs. H is granted divorce from Mr. K

2. With reference to common children: None.

3. With reference to common property: None.

4. With reference to common liability: None.

5. Court fees: Mrs. H has to pay VND 300,000 (Three hundred thousand dong) of first instance divorce court fee. Mrs. H is confirmed that she paid the first instance divorce court fee in full according to the receipt No. 0018442 dated August 17, 2017 of the Department of Civil Judgment Enforcement of Thai Nguyen Province.

Mrs. H has right to appeal within 15 days from the pronouncement date, Mr. K has right to appeal within 15 days, from the date on which the Judgment is received or posted up.