Judgment No. 64/2018/HNGD-ST dated June 29, 2017 on divorce and child custody dispute

PEOPLE’S COURT OF HAI PHONG CITY

JUDGMENT NO. 64/2018/HNGD-ST DATED JUNE 29, 2017 ON DIVORCE AND CHILD CUSTODY DISPUTE

On June 29, 2018, the first instance trial court was conducted at the office of People’s Court of Hai Phong province to hear the case No.93/2018/TLST-HNGD dated June 4, 2018 regarding divorce and child custody dispute according to the Decision to bring the case to trial No.1289/2018/QDXXST-HNGD dated June 18, 2018 between the following litigants:

- Plaintiff: Mrs. Trinh Thi T; place of residence: Germany; temporary residence: village 2, H commune, T district, Hai Phong city.

- Defendant: Mr. Tran Huy Th; place of residence: Germany.

Mrs. T and Mr. Th are absent with Request for Trial in Absentia.

THE CASE OF MRS. TRINH THI T

Representation of Mrs. Trinh Thi T according to her lawsuit petition and testimony at the People’s Court of Hai Phong city:

Mrs. Trinh Thi T and Mr. Tran Huy Th got married on a voluntary basis and had their marriage registered at the People’s Committee of Hai Phong city on July 3, 2014. After marriage, Mrs. T and Mr. Th had lived together in Germany. While living together, Mrs. T and Mr. T had conflicts resulted from their difference in views of life, as a result, they have lived separately and no longer care each other. Deeming that they do not had spousal attachment any longer, Mrs. T petitioned for divorce from Mr. Tran Huy Th.

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

With reference to common property: the court is not requested to settle.

At the petition for divorce and the request sent to People’s Court of Hai Phong city (certified by Vietnamese Embassy in Germany), the defendant Mr. Tran Huy Th agrees with the representation of Mrs. Trinh Thi T in terms of marriage process, reason for divorce, common child and common property.

Because Mr. Th has lived abroad, the court failed to conduct a conciliation as prescribed in Clause 2 Article 207 of the Civil Procedure Code in Viet Nam.

At the court hearing, Mrs. T and Mr. Th are absent with Request for Trial in Absentia.

JUDGEMENT OF THE COURT

[1] With reference to legal relations and jurisdiction: Mrs. Trinh Thi T and Mr. Tran Huy Th voluntarily got married and had their marriage registered at People’s Committee of Hai Phong city dated July 3, 2014 as prescribed in Article 9, Article 11, Article 103 of the Law on Marriage and Family 2000 in Viet Nam, so it is a legal conjugal relationship. Mrs. Trinh Thi T filed a petition for divorce to People’s Court of Hai Phong city from Mr. Tran Huy Th who has lived abroad, pursuant to Clause 1 Article 28, Clause 3 Article 35 of the Civil Procedure Code, this case falls under jurisdiction of People’s Court of Hai Phong city.

[2] With reference to litigants’ absence: Mrs. T and Mr. Th are absent with Requests for Trial in Absentia. The court hears the case in their absence pursuant to Clause 1 Article 228, Article 238 of the Civil Procedure Code.

[3] With reference to conjugal relationship: After marriage, Mrs. T and Mr. Th only lived together for a short time before having many conflicts. Conflicts mainly arose from their unfit characteristics and views of life and their failure to sympathize to each other and find measures to solve them. Regarding conjugal relationship, Mrs. T and Mr. Th have not had spousal attachments any longer, they are unable to reunite, the conflict has been severe, and the purpose of marriage is not achieved, so an acceptance to the petition for divorce is legitimate. Therefore the petition for divorce of Mrs. T should be accepted pursuant to Article 51, 56 of the Law on Marriage and Family in Viet Nam.

[4] With reference to common children: Mrs. T and Mr. Th have no common child, so the court is not requested to settle.

[5] With reference to common property: No common property is claimed, so the court is not requested to settle.

[6] First instance civil court fee: Because Mrs. T is a plaintiff, she must pay the first instance civil court fee as per the law.

[7] With reference to right to appeal: Mrs. Trinh Thi T and Mr. Tran Huy Th have the right to appeal the judgment as per the law.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Article 51, Article 56 of the Law on Marriage and Family 2014;

Pursuant to Clause 3 Article 35, Point a Clause 1 Article 37; Clause 4 Article 147; Clause 1 Article 228; Article 238; Point d Clause 1 Article 469; Clause 2 Article 479 of the Civil Procedure Code 2015; 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;

Judges:

1. With reference to conjugal relationship: Mrs. Trinh Thi T and Mr. Tran Huy Th are granted divorce.

2. With reference to court fee: Mrs. Trinh Thi T must pay VND 300,000 of first instance court fee, which is deducted from the court fee advance according to the receipt No. 0010710 dated May 30, 2018 at the Department of Civil Judgment Enforcement of Hai Phong city. Mrs. Trinh Thi has paid the court fee already.

3. With reference to right to appeal: Mrs. Trinh Thi T and Mr. Tran Huy Th have right to appeal the judgment within 1 month from the date on which a valid judgment is received.

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 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.