Judgment No. 23/2017/HNGD-ST dated November 13, 2017 on divorce

THE PEOPLE'S COURT OF QUANG BINH PROVINCE

JUDGMENT NO. 23/2017/HNGD-ST DATED NOVEMBER 13, 2017 ON DIVORCE

On November 13, 2017, the first instance trial was conducted at the office of People’s Court of Quang Binh province to hear the civil case No. 02/2017/TLST-HNGD dated January 17, 2017 regarding a divorce petition according to the Decision to Bring the Case to Trial No. 829/2017/QD-ST dated October 2, 2017 between litigants:

- Petitioner:  Mr. Hoang Quoc T, born on July 17, 2971; residing in: Village N, Commune Q, City D, Quang Binh Province, present.

- Respondent:  Mrs. Nguyen Thi L, born on May 19, 1976.

Current address: Rupprecht. Stra Bc -17. 10317. B, Federal Republic of Germany.

Registered permanent residence before leaving Vietnam: Village N, Commune Q, City D, Quang Binh Province, absent.

THE CASE

Representation of Mr. Hoang Quoc T in the divorce petition dated December 28, 2016 and the deposition and at the first instance court hearing:

With reference to conjugal relationship: Mr. Hoang Quoc T and Mrs. Nguyen Thi L got married on the voluntary basis, they registered marriage at the competent authority of Vietnam on October 23, 2001. After wedding, in 2006, they mutually agreed to let Mrs. L do business in Federal Republic of Germany. Marital conflicts have arisen since then. Grounds for conflicts were that they no longer have believed each other emotionally and financially, their conflicts have been prolonged. Sensing that their marital bond broke, Mr. T asks for a divorce from Mrs. Nguyen Thi L to settle his own life.

With reference to common children: Mr. T presents that they have two children: Hoang Quang T1 who was born on January 29, 1994, is living with him in Village N, Commune Q, City D, Quang Binh Province and Hoang Thi Tung D who was born on April 3, 1997 and has been away on business. They are both above eighteen years of age, so the Court is not requested to settle.

With reference to common property: They mutually reach an agreement, so the Court is not requested to settle.

With regard to Mrs. Nguyen Thi L: after the case was accepted, the Court served a notification of acceptance of the case and a request for opinions against the divorce petition filed by Mr. Hoang Quoc T. On August 28, 2017, Mrs. Nguyen Thi L submitted a statement of opinions against the divorce petition as follows:

- In terms of emotional bond: Mrs. L confirms the marriage registration time and conditions as true as stated by Mr. T. Because they have lived apart, lacked belief and care to each other, they have come into prolonged conflicts. Now, Mrs. L has settled down abroad and has not intended to return to Vietnam, she and Mr. T no longer get a common voice and live in harmony. Thus, Mrs. L agrees to the divorce petition of Mr. T.

- With reference to common children: They have two common children who are both above eighteen years of age, so they do not request the Court to settle.

-With reference to property: They mutually reach an agreement, so the Court is not requested to settle.

Because Mrs. Nguyen Thi L is living abroad, she cannot return to Vietnam to participate in the case, she submitted a Request for Trial in Absentia to the Court.

Opinions of the representative of the People’s Procuracy of Quang Binh Province:

In terms of court procedures: During the petition settlement, the Judge and Trial Panel have complied with laws and regulations. Documents and evidence have been taken as prescribed and ensure the rights and interests of procedural participants.

With reference to the content of the case: The People’s Procuracy requests the Trial Panel to accept the divorce petition of Mr. Hoang Quoc T and grant Mr. Hoang Quoc T a divorce from Mrs. Nguyen Thi L; with reference to common children and property: Mr. T and Mrs. L does not claim, so the Court will not settle.

JUDGEMENT OF THE COURT

After considering all the documents available in the case file; statements of the litigants which have been assessed; opinions of the representative of the People’s Procuracy of Quang Binh Province at the court hearing, the Trial Panel judges as follows:

[1] In terms of court procedures: The respondent Mrs. Nguyen Thi L is living abroad. According to the information provided by Immigration Administration affiliated to the Ministry of Public Security, Mrs. Nguyen Thi L used the passport No. A1324634A to leave Vietnam on February 19, 2006 through the checkpoint of Noi Bai international airport and has not re-entered Vietnam. Thus, the case falls under the jurisdiction of People’s Court of Quang Binh Province as prescribed in Clause 1 Article 28, Clause 3 Article 35, Point b Clause 1 Article 37, Clause 1 Article 39 of the Civil Procedure Code in Viet Nam, and she also submitted a written deposition and requested the Court to trial in her absence. Pursuant to Clause 1 Article 228 of the Civil Procedure Code, the Court holds a trial in the absence of Mrs. Nguyen Thi L under general procedures.

[2] With reference to conjugal relationship: Mr. Hoang Quoc T and Mrs. Nguyen Thi L registered marriage on October 23, 2001 at the People’s Committee of Commune Q, City D, Quang Binh Province. It is a voluntary and non-coercive marriage. After wedding, they had lived a happy marriage life until 2006 when they mutually agreed to let Mrs. L do business in Federal Republic of Germany. Because they have lived apart and not taken care of each other regularly, they have come into conflicts. They both confirms that their conflicts have arisen because their emotional differences and financial disagreements. And no one wishes to heal their broken marriage. Mrs. L consents to the divorce petition of Mr. T.   Deeming that their marital bond broke, their marriage life no longer exists in fact, and the purpose of marriage is not achieved, pursuant to Article 56 of the Law on Marriage and Family in Viet Nam, the Trial Panel's acceptance and grant of divorce to Mr. Hoang Quoc T is considered completely appropriate.

[3] With reference to common children: they have two common children: Hoang Quang T, born on January 29, 1884 and Hoang Thi Tung D, born on April 3, 1997, who are all grown up and have lived on their own, so the Court is not requested to settle.

[4] With reference to property: They mutually reach an agreement, so the Court is not requested to settle.

[5]. With reference to court fee and judicial assistance charge: Mr. Hoang Quoc T has to pay the first instance civil court fee and the judicial assistance abroad charge.

Based on the above-mentioned facts and matters:

HEREBY DECIDES

Pursuant to Article 56 of the Law on Marriage and Family 2014.

Pursuant to Clause 1 Article 28, Clause 3 Article 35, Point b Clause 1 Article 37, Clause 4 Article 147, Clause 1 Article 228, Article 273, Article 474; Article 479 of the Civil Procedure Code; Pursuant to 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: Mr. Hoang Quoc T is granted a divorce from Mrs. Nguyen Thi L.

2. With reference to common children:  Because their children are all grown up, the Trial Panel does not consider further.

[3]. With reference to property: No claim is made, so the Trial Panel does not consider further.

4. With regard to court fee:  Mr. Hoang Quoc T has to pay VND 300,000 of the first instance civil court fee and VND 200,000 of the judicial assistance abroad charge, which is deducted from the paid advance according to the receipt No. 0000150 dated January 11, 2017 and the receipt No. 00484 dated February 23, 2017 of Department of Civil Judgment Enforcement of Quang Binh Province.

The first instance court is held publicly, Mr. Hoang Quoc T has the right to appeal the Judgment within 15 days from the pronouncement date; Mrs. Nguyen Thi L has the right to appeal the Judgment within 30 days from the date on which the Judgment is served or posted up as per the law.