Judgment no. 48/2018/HNGD-ST dated may 17, 2018 on divorce dispute

THE PEOPLE’S COURT OF HAI PHONG CITY

JUDGMENT NO. 48/2018/HNGD-ST DATED MAY 17, 2018 ON DIVORCE DISPUTE

On May 17, 2018, the first-instance court was conducted at the People’s Court of Hai Phong City to hear the handled case No. 65/2018/TLST-HNGD dated April 20, 2018 regarding divorce dispute pursuant to the Decision to bring the case to the trial No. 967/2018/QDXXST-HNGD dated May 09, 2018 between the following parties:

- Petitioner: Mrs. Vu Thi T, residence:  H hamlet, T commune, K district, Hai Phong City.

- Respondent: Mr. JGE, residence:  Korea.

Mrs. T is present at the trial; Mr. JGE is absent with an application for default judgment.

CONTENTS OF THE DIVORCE CASE

According to the petition for divorce and testimonies submitted to the People’s Court of Hai Phong City, Mrs. Vu Thi T stated that:

Mr. JGE and Mrs. Vu Thi T voluntarily got married and carried out procedures for registration of their marriage at the People’s Committee of K district, Hai Phong City on March 04, 2016. After getting married, Mr. JGE has returned to Korea for residence and Mrs. T still lived in Vietnam. Before returning to Korea, Mr. JGE promised to sponsor Mrs. T to immigrate to Korea for family reunion. Awaiting the sponsor from Mr. JGE to immigrate to Korea, marital conflicts have arisen because of their language difference, age difference and different places of residence which make their reconciliation process and expression of feelings difficult. Presently, Mrs. T finds that they both do not have feelings for each other and it is unable to reunite her family, so she files a petition for divorce from Mr. JGE. Because they do not have children and conjugal property, she does not request the Court to make judgments on these matters. 

According to the petition for divorce and application for default judgment submitted to the People’s Court of Hai Phong City (which have been legalized by competent consular agencies), the respondent, Mr. JGE, also agreed with Mrs. Vu Thi T about their marriage, reasons for divorce, children and conjugal property.

Because Mr. JGE is living abroad and has applied for default judgment, pursuant to Clause 2 and Clause 4 Article 207 of the Code of civil procedures, the reconciliation between the parties is not made. At the court hearing, Mrs. T is present and keeps her request for divorce unchanged, and Mr. JGE is absent with his application for default judgment submitted.

JUDGMENT OF THE COURT

[1] Regarding the court procedures: This is a divorce case as defined in Clause 1 Article 28 of the Code of civil procedures in Viet Nam, and Mr. JGE currently lives abroad, so the People’s Court of Hai Phong City has the jurisdiction over this case in accordance with Clause 1 Article 28 and Clause 3 Article 35 of the Code of civil procedures. Mr. JGE is absent from the court with an application for default judgment submitted, so the Court hears the case in absence of Mr. JGE in accordance with Clause 1 Article 228 of the Code of civil procedures.

[2] Regarding marital relationship: After getting married, marital conflicts have arisen between Mrs. T and Mr. JGE because of their difference in age, language, manners and customs which makes them difficult to understand each other. Additionally, after getting married, they have been living in two different countries, so they could not show interest in and care for each other. Whereas, it is unable to reunite their family, purposes of the marriage could not be achieved, and presently Mrs. Vu Thi T and Mr. JGE both confirm that they no longer have feelings for each other, the petition for divorce submitted to the Court is legitimate. Thus, pursuant to Article 51 and Article 56 of the 2014 Law on marriage and family in Viet Nam, the petition for divorce submitted by Mrs. T is accepted.

[3] Regarding the children of this marriage and conjugal property:  Mrs. Vu Thi T and Mr. JGE both stated that they do not have children and conjugal property, and do not request the Court to make judgment on these matters, so the Jury does not consider these matters.

[5] Regarding the first-instance civil court fees:  Because Mrs. Vu Thi T is the petitioner of the case, she must pay the first-instance court fees in accordance with applicable laws.

[6] Regarding the right to appeal against the judgment:  Mrs. Vu Thi T and Mr. JGE are entitled to appeal against this judgment in accordance with applicable laws.

For the said reasons,

THE COURT DECIDES

Pursuant to Article 51 and Article 56 of the Law on marriage and family in 2014; Clause 3 Article 35, Point a Clause 1 Article 37m Clause 4 Article 147, Clause 2 Article 227, Article 273, Point d Clause 1 Article 469, Clause 2 Article 479 of the Code of civil procedures in 2015; Clause 5 Article 27 of the Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly;

To judge that: The petition for divorce of Mrs. Vu Thi T is accepted.

1. Regarding marital relationship: Mrs. Vu Thi T is allowed to get divorce from Mr. JGE.

2. Regarding the court fees:  Mrs. Vu Thi T must pay VND 300,000 (three hundred thousand Vietnamese dongs) of the first-instance civil court fees which is deducted from the first-instance civil court fees of VND 300,000 (three hundred thousand Vietnamese dongs) temporarily paid according to the Receipt No.0010679 dated April 20, 2018 at the Department of Civil Judgment Enforcement of Hai Phong City.  Thus, Mrs. T has fully paid the first-instance court fees.

3. Regarding the rights to appeal against the judgment:

- Mrs. Vu Thi T is entitled to appeal against the judgment within 15 days from the date of judgment announcement.

- Mr. JGE is entitled to appeal against the judgment within 01 month from the day on which this judgment is served.

In case the judgment is enforced as per regulations in Article 2 of the Law on enforcement 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 Articles 6, 7 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.