Judgment No. 46/2017/HNGD-ST dated December 25, 2017 on divorce

PEOPLE’S COURT OF DA NANG CITY

JUDGMENT NO. 46/2017/HNGD-ST DATED DECEMBER 25, 2017 ON DIVORCE

On December 25, 2017, the first instance trial was conducted at the office of People’s Court of Da Nang City to hear the case No. 37/2017/TLST-HNGD dated November 7, 2016 on the divorce; according to the Decision to Bring the Case to Trial No. 55/2017/QDXXST-HNGD dated September 21, 2017 between litigants:

- Petitioner:  Mrs. Nguyen Thi Hong P, place of residence: Street O, Ward N, District H, Da Nang City.

- Respondent:  Mr. Dao Van L; place of residence: Silver Spring, MD 20903, USA.

THE CASE

Representation of petitioner Mrs. Nguyen Thi Hong P:

- With reference to conjugal relationship: Being introduced by acquaintances, Mr. Dao Van L 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 Da Nang City on February 28, 2014. A short time after the marriage, Mr. L returned to the United States and promised to complete the paperwork to sponsor her for reunion with him, but he failed to do so. By June 2014, Mr. L totally broke off a connection with her. Now she is aware that they have no strings attached anymore, so she requests the Court to obtain a divorce from Mr. L.

- With reference to common children: She claims that Mr. Dao Van L and she have no common child.

- With reference to common property and liabilities: She claims that Mr. Dao Van L and she have no common property or liability.

During the process of settling the case, Mr. Dao Van L did not provide the court with any written response to the petition for divorce filed by Mrs. Nguyen Thi Hong P, and did not show up at the court trial.

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] At the court hearing today, the Prosecutor assigned to the trial of first instance is absent, but the Trial Panel still conducts the trial as prescribed in Clause 1, Article 232 of the Civil Procedure Code in Viet Nam.

 [2] Considering that the petitioner Mrs. Nguyen Thi Hong P is a Vietnamese citizen with place of residence at Road O, Ward N, District H, Da Nang City and the defendant Mr. Dao Van L is a US citizen with place of residence in Silver Spring, MD 20903, 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; 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. Phuc and Mr. L in accordance with Article 122 of the Law on Marriage and Family.

 [3] After accepting the case, the Court has served the judicial documents of the Court to the overseas litigant, who is the defendant Mr. Dao Van L, 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. Phuc’s Petition for Divorce to Mr. L 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.

 [4] During the case settling, Mr. Dao Van L did not show up at the Court as notified and also failed to submit to the Court a written opinion on Mrs. Phuc’s petition; on the other hand, until the date of the first hearing October 6, 2017, Mr. L 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. L 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 November 1, 2017, the Ministry of Justice issued Document No. 3306/BTP-PLQT regarding judicial assistance results; enclosed with the Document No. 0018972053 dated September 7, 2017 of ABC Legal Company, USA, which confirms that the judicial documents of the Court have been served to Mr. L on September 6, 2017 at the address Silver Spring, MD 20903, USA. Thus, Mr. N knew that the Court summoned him to participate in the proceedings at the court hearing at 08:00 on October 6, 2017 and another court hearing at 08:00 on October 24, 2017, but he were present both times. Therefore, the Court reopened the court hearing at 08:30 on December 25, 2017 to hear the case in the absence of Mr. L in accordance with Point b, Clause 2, Article 227 of the Civil Procedure Code.

[5] Considering Mrs. Nguyen Thi Hong P’s petition for divorce from Mr. Dao Van L, 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. L promised to sponsor Mrs. Phuc to the United States for reunion but he broke the promise and since June 2014 Mr. L has deliberately disconnected all contact with Mrs. Phuc, so their marriage has been broken, the purpose of the marriage is not reached, the petition for divorce from Mr. L of Mrs. Phuc is in accordance with the provisions of Article 56 of the Law on Marriage and Family, so it should be accepted.

 [6] With reference to common children, property and liabilities: Mrs. Nguyen Thi Hong P claims that they have no common child, property or liability, so the Court does not take further consideration.

 [7] Mrs. Nguyen Thi Hong P has to pay the marriage and family first instance court fee in accordance with Article 147 of the Civil Procedure Code.

 [8] Mrs. Nguyen Thi Hong P has to pay the cost incurred in the judicial assistance as prescribed in Article 153 of the Civil Procedure Code.

Based on the above-mentioned facts and matters,

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. Nguyen Thi Hong P’s petition for divorce from Mr. Dao Van L.

Hereby judges: 

1. With reference to conjugal relationship: Mrs. Nguyen Thi Hong P is granted divorce from Mr. Dao Van L.

2. With reference to court fees: Mrs. Nguyen Thi Hong P has to pay a marriage and family first instance court fee of VND 200,000 (two hundred thousand Vietnamese dong), which is deducted from the first-instance fee paid in advance according to Receipt No. 000939 dated November 2, 2016 of the Department of Civil Judgment Enforcement of Da Nang City; Mrs. Phuc has paid full marriage and family first instance court fee.

3. With reference to judicial assistance fee: Mrs. Nguyen Thi Hong P has to pay a judicial assistance fee of VND 150,000 (one hundred fifty thousand dong), which is deducted from the juridical assistance fee paid in advance according to Receipt No. 000987 dated February 9, 2017 of the Department of Civil Judgment Enforcement of Da Nang City; Mrs. Phuc has paid full judicial assistance fee.

4. With reference to translation fee: Mrs. Nguyen Thi Hong P has to pay VND 1,360,000 (One million, three hundred and sixty thousand dong), Mrs. Phuc has paid for the translation fee to the Justice Department of Hai Chau District, Da Nang City according to Sales Invoice No. 0081693 dated March 2, 2017; Receipt of fees and charges No. 0039253 dated March 2, 2017;

Sales Invoice No. 0081699 dated March 6, 2017; Receipt of fees and charges No. 0039273 dated March 6, 2017; Sales invoice No. 0073140 dated May 24, 2017 and Sales Invoice No. 0068978 dated November 23, 2017 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. Nguyen Thi Hong P has to pay VND 2,161,725 (Two million, one hundred sixty one thousand, seven hundred and twenty five dong), Mrs. Phuc has paid for such cost to ABC Legal Services, USA, according to the Voucher No. 05290110000025 dated May 29, 2017 of Vietnam Bank for Agriculture and Rural Development.

6. The plaintiff Mrs. Nguyen Thi Hong P 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. Dao Van L 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.