Judgment No.06/2018/HNGD-ST dated January 31, 2018 on divorce petition involving foreign elements

PEOPLE’S COURT OF KIEN GIANG PROVINCE

JUDGMENT NO.06/2018/HNGD-ST DATED JANUARY 31, 2018 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On January 31, 2018, the first-instance trial court was conducted at the office of People’s Court of Kien Giang province to hear the case No.03/2018/TLST-HNGD dated January 8, 2018 regarding a divorce petition involving foreign elements

Pursuant to the Decision to hear the case No. 04/2018/QDST-HNGD dated January 24, 2018. Parties concerned:

- Petitioner: Mrs. Do Thi Ngoc Y, born in: 1991 (present). Address: 361 VH neighborhood, GR town, GR district, Kien Giang province.

- Respondent: Mr. HSIEH YU H, born in: 1988 (absent).

Address: 38, TQ2 road, 008 neighborhood, TQ ward, LD town, NL district, Taiwan.

THE CASE OF MRS. DO THI NGOC Y

The representation made at the trial by the petitioner:

Early 2016, the petitioner and the respondent knew each other through matchmaking; they fell in love with each other and then got married. The couple registered their marriage at the People’s Committee of GR district of Kien Giang Province and was issued with marriage license No. 106 dated September 19, 2016.

After the marriage, the respondent returned to Taiwan in order to complete paperwork to sponsor the spouse to live in Taiwan. During this time, they have kept in touch with each other for about 2 months before out of touch. Their relationship became worse and the conflicts arose from geographical distance and language barrier.

The petitioner deemed that they was no longer having feeling for each other, the purpose of marriage is not achieved.  As for that reason, the petitioner filed for a divorce to request the following matters:

With reference to conjugal relationship: The petitioner filed for a divorce from the respondent.

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

With reference to common property and liabilities: No common property or liability is claimed so the court is not requested to settle.

The respondent made a Letter of Consent to Divorce.

After consideration of the case files assessed and the adversarial process at the court hearing and relevant regulations of law.

DEEMING THAT

[1] In terms of court procedures: The respondent has the Letter of Mutual Consent to Divorce consularly legalized by the Taipei Economic and Cultural Office in Vietnam in Ho Chi Minh City, so it is duly legitimate. Therefore, the trial panel applies Clause 1 Article 227 of the Civil Procedure Code 2015 in Viet Nam to hear the case in the absence of the respondent.

[2] In terms of content of the case: The marriage between the petitioner and the respondent meets marriage conditions and is granted the Marriage Certificate by the competent authority in accordance with Article 9 of the Law on Marriage and Family 2014, so it is considered legal.

At the first-instance trial hearing, the petitioner still kept her petition for divorce. Because they have just lived together for a short time before he returned to Taiwan and they have just kept in touch with each other for about 2 months before out of touch. Their relationship became worse and the conflicts arose from geographical distance and language barrier.  As for that reason, the petitioner deemed that they have stayed in an unhappy marriage which cannot last longer.

According to the Letter of Consent to Divorce, the respondent gives the consistent testimony with the petitioner in terms of conjugal relationship. Deeming that the couple has personalities so different that they cannot live together for a long time, if this marriage continues, it only causes suffering for both.

In terms of legal aspect, the Letter of Mutual Consent to Divorce is consularly legalized by the Taipei Economic and Cultural Office in Vietnam in Ho Chi Minh City as per the law.

The trial panel deems that, the petitioner and the respondent have a short duration of marriage before the respondent returned to Taiwan; the couple has not taken care to each other since then. Therefore, their marital relationship does not meet requirements prescribed in Article 19 of the Law on Marriage and Family 2014 regarding spousal attachment. The trial panel has valid grounds to consider that the marriage between the petitioner and the respondent falls into bad situation, the duration of marriage cannot last longer, the purpose of the marriage is not reached, and moreover they both voluntarily consent to divorce. Therefore, after discussion and consideration, trial panel reach a consensus on accepting the petition for divorce.

[3] With reference to common children, property and liabilities: No common child, property or liability, so the court is not requested to settle.

[4] With reference to court fee: apply to Clause 4 Article 147 of the Civil Procedure Code 2015.

The first-instance civil court cost of VND 300,000 shall be paid by the petitioner; it shall be deducted from the advance of first-instance court cost.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Clause 1 Article 227, Article 28, Point a Clause 1 Article 37, Clause 4 Article 14, Point d Clause 1 Article 469, Clause 2 Article 479 of the Civil Procedure Code 2015.

Apply Clause 1 Article 56 of the Law on Marriage and Family 2014 in Viet Nam; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of National Assembly on amount, remission, collection and payment, management and use of court fees and charges.

- Hereby judges:

Accept the lawsuit petition of the petitioner.

1. With reference to conjugal relationship: The petitioner is judged to lawfully divorce the respondent.

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

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

4. With reference to marriage and family first-instance court fee: The first-instance civil court cost of VND 300,000 shall be legitimately paid by the wife; it shall be deducted from the first-instance court cost paid in advance according to the court cost and fee payment receipt No.0001014 dated January 5, 2018 issued by the Enforcements of civil judgment Department of Kien Giang province. 

Litigants may rightfully appeal this judgment within 15 days from the judgment announcement. The respondent may rightfully appeal the judgment within 1 month from the day on which this judgment is 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 amended 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./