Judgment No. 18/2018/HNGD-ST dated April 13, 2018 on divorce dispute

PEOPLE’S COURT OF DA NANG CITY

JUDGMENT NO. 18/2018/HNGD-ST DATED APRIL 13, 2018 ON DIVORCE DISPUTE

On April 13, 2018, the first instance trial was conducted at the office of People’s Court of Da Nang City to hear the case No. 06/2017/TLST-HNGD dated March 3, 2017 on the divorce; according to the decision on bringing the case to trial No. 02/2018/QDXXST-HNGD dated January 5, 2018, between the litigants:

- Plaintiff:  Mrs. Phan Thi Kim A; residing in Ward H, District H, Da Nang City.

- Respondent:  Mr. Nguyen Manh N; residing in Baltimore, MD 21228, USA.

THE CASE

Representation of Plaintiff Mrs. Phan Thi Kim A:

- With reference to conjugal relationship: Being introduced by acquaintances, Mr. Nguyen Manh N and she had a romantic relationship and then voluntarily proceed to marriage and have registered marriage under the law of Vietnam; they were granted Marriage Certificate by the People's Committee of Danang City on March 13, 2008. A short time after the marriage, Mr. N returned to the United States and promised to complete the paperwork to sponsor her for reunion with him. By 2010, Mr. N returned to Vietnam but he had romantic relationship with another woman and deliberately broke off contact with her. Now she is aware that they have no strings attached anymore, so she requests the Court to obtain a divorce from Mr. N.

- With reference to common children: She claims that Mr. Nguyen Manh N and she have no common child.

- With reference to common property and liabilities: She claims that Mr. Nguyen Manh N and she have no common property or liability.

During the process of settling the case, the defendant did not provide the court with any written response to the petition for divorce filed by Mrs. Phan Thi Kim A, and did not show up at the court trial.

At the court hearing today, considering the compliance with procedural law by the Judge, Trial Panel, court reporter and procedural participants during the settling process from the time when the case was accepted until the deliberation of the Trial Panel, the Procurator determines that they have complied with laws and regulations on civil procedures and requests the Trial Panel to grant the petition for divorce of Mrs. Phan Thi Kim A against Mr. Nguyen Manh N.

After consideration of the case files assessed and the adversarial process at the court hearing, the Trial Panel hereby judges:

JUDGEMENT OF THE COURT

 [1] Considering that the plaintiff Mrs. Phan Thi Kim A is a Vietnamese citizen with place of residence in Ward H, District H, Da Nang City and the defendant Mr. Nguyen Manh N is a US citizen with place of residence in Baltimore, MD 21228, USA, the divorce case falls under the jurisdiction of the People's Court of Da Nang City, as provided for in Articles 37, 40 and 469 of the Civil Procedure Code in Viet Nam; Article 123, Article 127 of the Law on Marriage and Family in Viet Nam. The provisions of the law on marriage and family of the Socialist Republic of Vietnam apply to the petition for divorce involving foreign elements of Mrs. A and Mr. N in accordance with Article 122 of the Law on Marriage and Family.

 [2] After accepting the case, the Court has served the judicial documents of the Court to the overseas litigant, who is the defendant Nguyen Manh N, via diplomatic channel under the law on mutual legal assistance. Specifically, the Court has entrusted the foreign competent agency to both serve the Notice of the Acceptance of the Mrs. A’s Petition for Divorce to Mr. N and request him to give a written response to the Court; and notify him of the time and venue of the meeting to examine the delivery, access to evidence and conciliation; as well as the time and location of the court hearing, as provided for in Article 474 and Article 476 of the Civil Procedure Code.

 [3] During the case settling, Mr. Nguyen Manh N did not show up at the Court as notified and also failed to submit to the Court a written opinion on Mrs. A’s petition; on the other hand, until the date of the first hearing January 30, 2018, Mr. N is still not present and the Court has not received a written notice of the results of service of judicial documents, so the Court delayed the court hearing sent a written request to the Ministry of Justice to inform Mr. N of the service of the procedural documents of the Court according to the provisions of Clause 4, Article 477 of the Civil Procedure Code. On March 7, 2018, the Ministry of Justice provided the Court with the Document No.  640/BTP-PLQT on the results of judicial assistance, enclosed with the Document dated December 21, 2017 of ABC Legal Services, USA, whereby the judicial documents of the Court was served to Mr. N on December 20, 2017 at 2629 W Mosher St, Batlimore, MD 21216, USA. Thus, Mr. N knew that the Court summoned him to participate in the proceedings at the court hearing at 08:30 on January 30, 2018 and another court hearing at 08:00 on March 2, 2018, but he were present both times. Therefore, the Court reopened the court hearing at 07:30 on April 13, 2018 to hear the case in the absence of Mr. N in accordance with Point b, Clause 2, Article 227 of the Civil Procedure Code.

[4] Considering Mrs. Phan Thi Kim A’s petition for divorce from Mr. Nguyen Manh N, the Court finds that after returning to the United States, the couple gradually had no strings attached due to geographical distance, separate place of residence, the caring for each other cannot be fulfilled; on the other hand, Mr. N promised to sponsor Mrs. A to the United States for reunion but he broke the promise and since 2010 Mr. N has deliberately disconnected all contact with Mrs. A, so their marriage has been broken, the purpose of the marriage is not reached, the petition for divorce from Mr. N of Mrs. A is in accordance with the provisions of Article 56 of the Law on Marriage and Family, so it should be accepted.

 [5] With reference to common children, property and liabilities: Mrs. Phan Thi Kim A claims that they have no common child, property or liability, so the Court does not take further consideration.

 [6] Mrs. Phan Thi Kim A has to pay the marriage and family first instance court fee in accordance with Article 147 of the Civil Procedure Code.

 [7] Mrs. Phan Thi Kim A has to pay the cost incurred in the judicial assistance as prescribed in Article 153 of the Civil Procedure Code.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Articles 56, 122, 123 and 127 of the Law on Marriage and Family; Article 37, Article 40, Article 147, Article 153, Point b, Clause 2 of Article 227, Clause 1 of Article 232, Article 469 and Point a, Clause 5 of Article 477 of the Civil Procedure Code; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly on court fees and charge, exemption, reduction, collection, transfer, management and use thereof; Ordinance on court fees and charges in Viet Nam.

Accept Mrs. Phan Thi Kim A’s petition for divorce from Mr. Nguyen Manh N.

Hereby judges: 

1. With reference to conjugal relationship: Mrs. Phan Thi Kim A is granted divorce from Mr. Nguyen Manh N.

2. With reference to court fees: Mrs. Phan Thi Kim A has to pay a marriage and family first instance court fee of VND 300,000 (three hundred thousand Vietnamese dong), which is deducted from the first-instance fee paid in advance according to Receipt No. 001010 dated March 2, 2017 of the Department of Civil Judgment Enforcement of Da Nang City; Mrs. A has fully paid the marriage and family first instance court fee.

3. With reference to judicial assistance fee: Mrs. Phan Thi Kim A has to pay a judicial assistance fee of VND 200,000 (two hundred thousand Vietnamese dong), which is deducted from the juridical assistance fee paid in advance according to Receipt No. 001161 dated August 16, 2017 of the Department of Civil Judgment Enforcement of Da Nang City; Mrs. A has fully paid the judicial assistance fee.

4. With reference to translation fee: Mrs. Phan Thi Kim A has to pay VND 890,000 (Eight hundred and ninety thousand dong), Ms. A has paid that fee to Justice Department of Hai Chau District, Da Nang city, according to Sales Invoice No. 0073333 dated August 23 2017; Receipts of fees No. 0043963 dated August 23 2017; Sales Invoice No. 0059293 dated March 23, Receipt of fees No. 0025627 dated March 23, 2018 of Justice Department of Hai Chau District, Da Nang City.

5. Regarding the actual cost incurred in execution of judicial request paid to the judicial trustee: Mrs. Phan Thi Kim A has to pay VND 2,161,725 ​​ (Two million, one hundred sixty one thousand, seven hundred and twenty five dong), Mrs. A has paid for ABC Legal Services, USA, according to the Voucher dated August 22, 2017 of Vietnam Bank for Agriculture and Rural Development, Branch of Danang City. 6. The plaintiff Mrs. Phan Thi Kim A present at the trial has the right to appeal the Judgment within 15 days from the date of pronouncement of the Judgment; The defendant Mr. Nguyen Manh N not present at court has the right to appeal the Judgment within 01 month from the date on which the Judgment is served properly in accordance with the law.