Judgment No.65/2017/HNGD-ST dated November 30, 2017 on divorce petition involving foreign elements

PEOPLE’S COURT OF KIEN GIANG PROVINCE

JUDGMENT NO.65/2017/HNGD-ST DATED NOVEMBER 30, 2017 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On November 30, 2017, the trial court was conducted at the office of People’s Court of Kien Giang province to hear the case No.39/2017/TLST-HNGD dated November 3, 2017 regarding “divorce petition involving foreign elements" according to the Decision to hear a case No.67/2017/QDST-HNGD dated November 14, 2017. Parties concerned:

1. Petitioner: Mrs. Nguyen Thi Kim K, born in: 1992; Address: V village, N commune, G district, Kien Giang province (present).

2. Respondent: Mr. Tran Tuan T, born in 1988; Address: 2220 W Dr, G, TX 75044, USA (Request for Trial in Absentia).

THE CASE OF MRS. NGUYEN THI KIM K

1. Pursuant to the lawsuit petition dated September 27, 2017 and the representation made at the trial by the petitioner:

The petitioner and the respondent met and fell in love with each other for 3 years before getting married. They were granted the Marriage Certificate No. 29 dated August 18, 2016.

2 weeks after getting married, the respondent returned to America and they have not got in touch with each other since then.

The petitioner deemed that she was no longer having feeling for the respondent, they have stayed in an unhappy marriage and the purpose of marriage is not achieved. Recently, the petitioner contacted the respondent to petition a divorce from him and gained his consent. Accordingly, the petitioner filed for a divorce from the respondent.

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

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

- With reference to division of property: No common property is claimed so the court is not requested to settle.

2. Pursuant to the Letter of Consent to Divorce and Request for Trial in Absentia dated June 17, 2017 made by the husband:

The respondent agrees with the representation of the petitioner in terms of conjugal relationship, common child and common property. He consented to the divorce petition. Because he deemed that he was also no longer having feeling for her, the marriage between them is irretrievably broken.  They have no common child and common property so the court is not requested to settle.  Furthermore, the respondent requests the duly authorized court to hear the case during divorce proceedings at the court and he authorizes Mr. Nguyen Manh T to receive any legal documents during the petition settlement and also receive the court’s judgment.

JUDGEMENT OF THE COURT

After consideration of the case files assessed and the adversarial process at the court hearing, the trial panel judges as follows:

[1] In terms of court procedures: The respondent submitted the Request for Trial in Absentia during the divorce proceedings with petitioner, these documents were consularly legalized. Therefore, the request is consider legitimate. Accordingly, the trial panel applies Point a, Clause 5 Article 477 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 in accordance with Article 8, Article 9 of the Law on Marriage and Family 2014 in Viet Nam, so it is considered legal.

At the first-instance trial hearing, the petitioner still kept her petition for divorce. Deeming that, the petitioner and the respondent reached mutual consensus that they was no longer having feeling for and taken care to each other, so their marriage is unhappy. Furthermore, they admitted that they have lived apart and not get in touch to each other since the 2-week after marriage so far, so they cannot make a successful reunion. Alternatively, the respondent consented to the divorce. Therefore, pursuant to Clause 1 Article 56 of the Law on Marriage and Family 2014, the petition for divorce is legally accepted.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Article 28, Point a Clause 1 Article 37, Point d Clause 1 Article 469, Point a Clause 5 Article 477, Article 478 of the Civil Procedure Code 2015;

Pursuant to Article 8, Article 9, Clause 1 Article 56 of the Law on Marriage and Family 2014;

Pursuant to Clause 4 Article 147 of the Civil Procedure Code 2015;

Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of the National Assembly.1. With reference to conjugal relationship: The petitioner is judged to lawfully divorce the respondent.

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

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

4. With reference to first-instance court fee: VND 300,000 of marriage and family first-instance court fee incurred by the petitioner shall be deducted from her court fee advance pursuant to the receipt No. 0009222 dated October 25, 2017 of Department of Civil Judgment Enforcement of K province.

Litigants are entitled to appeal this judgment within 15 days from the date on which the judgment is pronounced. The respondent may rightfully appeal the judgment within 1 month from the day on which this judgment is duly 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 7, 7a 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./.