Judgment No. 42/2017/HNGD-ST dated May 30, 2017 on divorce petition involving foreign elements

PEOPLE’S COURT OF KIEN GIANG PROVINCE

JUDGMENT NO. 42/2017/HNGD-ST DATED MAY 30, 2017 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On May 30, 2017, the trial was conducted at the office of People’s Court of Kien Giang province to hear the case No. 25/2017/TLST-HNGD dated May 12, 2017 regarding a divorce petition involving foreign elements according to the Decision to Bring the Case to Trial No. 30/2017/QDST-HNGD dated May 15, 2017 between litigants:

1. Petitioner:  Mr. Vu Tri D, year of birth: 1966; Address: Village X, Commune T, District A, Kien Giang Province (present).

2. Respondent:  Mrs. Tran Kim Thien T, year of birth 1963; address: ST M, NC, USA (with a Request for Trial in Absentia).

THE CASE

1. Pursuant to the lawsuit petition dated February 22, 2017 and the representation made at the trial by the petitioner Mr. Vu Tri D:

In 2002, he got acquainted and had a romantic relationship with Mrs. Tran Kim Thien T. After dating for a while, he and Mrs. Tran Kim Thien T registered and were granted a Marriage Certificate by the Department of Justice of City No. 1088, vol. 06, dated March 25, 2003.

After 1 month of marriage, Mrs. T returned to the United States.  He and Ms. T kept communicate with each other by phone until October 2003, then they have lost touch with each other so far.

He deemed that they have stayed in an unhappy marriage which cannot last longer. Recently, he has taken initiative in contacting Mrs. T to petition a divorce from her and gained Mrs. T’s consent. Accordingly, he filed for a divorce with the court and requests as follows:

- With reference to conjugal relationship: He petitions for a divorce from Mrs. Tran Kim Thien T - With reference to common children: none, so the court is not requested to settle.

- With reference to distribution of property: none, so the court is not requested to settle.

2. Pursuant to the Letter of Consent to Divorce and Request for Trial in Absentia dated March 7, 2017 made by Mrs. Tran Kim Thien T:

She concurs with the statement of Mr. Vu Tri D in conjugal relationship, common child and common property. Now, Mr. D asks for a divorce, she agrees. Because she realizes that she has no longer had strings attached with Mr. D together with their geographical distance, their affection is irretrievably broken. They have no common child and common property so the court is not requested to settle.  Furthermore, the respondent requests the duly authorized court to hear the case during divorce proceedings at the court and she authorizes Mrs. Phan Thi My L to receive any legal documents during the petition settlement and also receive the court’s judgment.

JUDGEMENT OF THE COURT

After consideration of the case files assessed and the adversarial process at the court hearing, the trial panel judges as follows:

[1] In terms of court procedures: The defendant Mrs. Tran Kim Thien T has submitted a Request for Trial in Absentia in the proceedings in the Court to resolve the divorce with the petitioner Mr. Vu Tri D established at Notary Office T, City H and certified by a notary of Private Notary Office T, so it is legally guaranteed.  Accordingly, the Trial Panel Applies Point a, Clause 5 Article 477 of the Civil Procedure Code 2015 in Viet Nam to hear the case in the absence of Mrs. Tran Kim Thien T.

[2] In terms of content of the case: The marriage between Mr. Vu Tri D and Mrs. Tran Kim Thien T has complied with the marriage eligibility criteria stipulated in Article 9 of the Law on Marriage and Family 2000 in Viet Nam and was granted by the Department of Justice of City H the Marriage Certificate as stipulated in Article 11 and Article 14 of the Law on Marriage and Family 2000, so the marriage relationship between Mr. D and Mrs. T is legal.  At the first-instance trial hearing, Mr. Vu Tri D still kept his petition for divorce from Mrs. T. Deeming that, Mr. D and Mrs. T reached mutual consensus that they was no longer having feeling for and taken care to each other, so their marriage is unhappy. Furthermore, they admitted that they have lived apart since October 2003 and not get in touch to each other so far, so their marriage is irretrievable break-down. Alternatively, the Mrs. T consented to the divorce filed by Mr. D. Therefore, pursuant to Clause 19 Article 56 of the Law on Marriage and Family 2014, the petition for divorce made by Mr. D is legally accepted.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Article 28, Point a Clause 1 Article 37, Point d Clause 1 Article 469, Point a Clause 5 Article 477, Article 478 of the Civil Procedure Code 2015;

Pursuant to Article 9, Article 11 and Article 14 of the Law on Marriage and Family 2000; Article 19, Clause 1 Article 56 of the Law on Marriage and Family 2014 in Viet Nam;

apply to Clause 4 Article 147 of the Civil Procedure Code 2015; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of Standing Committee of the National Assembly.

1. With reference to conjugal relationship: Mr. Vu Tri D is granted divorce from Mrs. Tran Kim Thien T.

2. With reference to common child: No common child is claimed so the court is not requested to settle.

3. With reference to distribution of property: No common property is claimed so the court is not requested to settle.

4. With reference to court fees: Mr. Vu Tri D has to pay VND 300,000 of marriage and family first-instance court fee, which is deducted from his court fee advance of VND 300,000 (three hundred thousand dong) paid by Vo Tuan A according to the receipt No. 0005925 dated May 12, 2017 of Department of Civil Judgment Enforcement of Province K.

Litigants may rightfully appeal this judgment within 15 days from the judgment announcement. Mrs. Tran Kim Thien T may rightfully appeal the judgment within 1 month from the day on which this judgment is duly served or publicly notified as per law provisions.

In case the judgment or court 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, 7a 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./.