Judgment no. 70/2018/HNGD-ST dated august 29, 2018 on dispute over marriage and family

THE PEOPLE'S COURT OF TAY NINH PROVINCE

JUDGMENT NO. 70/2018/HNGD-ST DATED AUGUST 29, 2018 ON DISPUTE OVER MARRIAGE AND FAMILY

On August 29, 2018, at the headquarters, the People's Court of Tay Ninh city opens a first-instance trial for hearing the case No. 85/2017/TLST-HNGD dated November 20, 2017 in the matter of “Dispute over marriage and family” under the Decision to bring the case to trial No. 64/2018/QD-HNGD dated August 7, 2018 between:

Petitioner: Mrs. Ha Kieu A, born in 1996; address:  No. 2/25A, T hamlet, D commune, H district, Tay Ninh province; (with a request for trial in absentia)

Respondent: Mr. Lim H, born in 1976, address: Ga- 102, Jungrip Happy Town, 27beon- gil 5, Gwangju- si, Gyeonggi- do, Korea; (not appearing in court)

FACTUAL AND PROCEDURAL BACKGROUND

Representation of the petitioner, Mrs. Ha Kieu A, in the lawsuit petition dated November 16, 2017 and in the course of lawsuit settlement:

She and Mr. Lim H registered marriage and were granted a marriage certificate by the People’s Committee of district H in 2016. From the time when Mr. Lim H moved back to Korea, he did not return Vietnam and stopped contacting her ever since. Seeing them separately apart, no more affection, the purpose of marriage is not achieved, and the duration of marriage cannot last longer, Mrs. Kieu A asks for a divorce from Mr. Lim H.

Mrs. Kieu A and Mr. Lim H do not have common children, common property, or common debt, so she does not ask the Court to settle it.

Respondent, Mr. Lim H: a foreigner, residing in Korea. The court requested judicial assistance to take statements, serve notices of mediation hearing opening date, the date of accessing and publishing evidence, and the date of trial hearing. On May 18, 2018, the court received the response from the Department of National Court Administration of South Korea notifying the failure to do the judicial assistance. On June 12, 2018, the court requested the Foreign Affairs Board of Vietnam Television to post the service of notices on the litigant on website VOVworld.vn from June 13, 2018 to June 15, 2018 but Mr. Lim H did not appear in court and the court did not receive any response from him.

Opinions of the representative of the People’s Procuracy of Tay Ninh province:

+ Regarding legal proceedings: From the acceptance of the case, taking of evidence, adjudication preparations and the decision to bring the case to trial, the judge has conformed with the time limit, contents, and jurisdiction as prescribed in the Civil Procedure Code in Viet Nam; the Trial Panel, court reporter have properly followed the procedures of a civil court hearing.

+ Regarding the content: Request the Trial Panel to accept the lawsuit petition of Mrs. Ha Kieu A and grant her a divorce from Mr. Lim H.

JUDGEMENT OF THE COURT

Taking account of evidence and documents at the court hearing and opinions of the representative of the Procuracy, the court deems that:

[1] In terms of court procedures: The Foreign Affairs Board of Vietnam Television had posted the service of notices on the litigant on website VOVworld.vn from June 13, 2018 to June 15, 2018 but Mr. Lim H did not appear in court. Pursuant to point a clause 5 Article 477 of the Civil Procedure Code, the Court adjudicates the case in the absence of Mr. Lim H. Mrs. Ha Kieu A filed a request for trial in absentia, the Court also, pursuant to clause 1 Article 228 of the Civil Procedure Code, adjudicates the case in her absence.

[2] The lawsuit petition of Mrs. Ha Kieu A indicates that: She and Mr. Lim H voluntarily got married and were granted a marriage certificate by the People’s Committee of district H in 2016. Therefore, their marriage is legal and protected by law. However, since Mr. Lim H repatriated so far, he neither has returned to Vietnam nor has kept in touch with her. As she has no longer had strings attached with him and the purpose of marriage is not achieved, Mrs. Kieu A's petition for divorce is grounded and in line with Article 56 of the Law on Marriage and Family in Viet Nam. At the court hearing, the representative of the People’s Procuracy of Tay Ninh province requests the Trial Panel to accept the divorce petition of Mrs. Ha Kieu A. Deeming it appropriate, the Trial Panel accepts it.

[3] Regarding common children, common property and common debt: Mrs. Kieu A does not request the court to settle it.

[4] Regarding court fee:  As the petitioner, Mrs. Kieu A has to bear VND 300,000 of first instance court fee as prescribed in clause 4 Article 147 of the Civil Procedure Code and Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of Standing Committee of the National Assembly.

[5] As the petitioner, Mrs. Kieu A also has to bear the charge for judicial assistance abroad as prescribed in clause 3 Article 153 of the Civil Procedure Code.

For the foregoing reasons,

DISPOSITION

Pursuant to Article 56 of the Law on Marriage and Family; clause 4 Article 147 of the Civil Procedure Code; the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly.

1. Accept the divorce petition of Mrs. Ha Kieu A against Mr. Lim H.

2. Regarding conjugal relationship: Grant Mrs. Ha Kieu A a divorce from Mr. Lim H.

3. Regarding common children, common property and common debt: Mrs. Kieu A does not request the court to settle it.

4. With reference to court fees: Mrs. Kieu A has to bear VND 300,000 of first instance court fee, which is deducted from VND 300,000 of the fee paid in advance according to the receipt No. 0000390 dated November 17, 2017 of the Department of Civil Judgment Enforcement of Tay Ninh province. Mrs. Kieu A fully paid the first instance court fee.

5. Regarding the cost of proceedings:  Mrs. Kieu A has to bear VND 200,000 of charge for judicial assistance abroad, which is deducted from VND 200,000 of the charge paid in advance according to the receipt No. 0000399 dated November 30, 2017 of the Department of Civil Judgment Enforcement of Tay Ninh province. Mrs. Kieu A fully paid the charge for judicial assistance abroad.

6. The litigants have the right to appeal the judgment to the Superior People’s Court in Ho Chi Minh City, Vietnam, with the time limit as follows:

Mrs. Kieu A has the right to appeal within 15 days, from the date the judgment is served or from the date the judgment is duly posted in accordance with clause 1 Article 273 of the Civil Procedure Code;

Mr. Lim H has the right to appeal within 1 month, from the date the judgment is served or from the date the judgment is duly posted in accordance with clause 2 Article 479 of the Civil Procedure Code