According to the provisions of Article 51 of the Marriage and Family Law 2014 regarding the right to request divorce:
- Husband, wife, or both have the right to request the Court to resolve the divorce.
- Parents, other relatives have the right to request the Court to resolve the divorce when one spouse has a mental illness or other disease that cannot perceive or control their actions, and simultaneously is a victim of domestic violence caused by their spouse, seriously affecting their life, health, or spirit.
- The husband does not have the right to request a divorce if the wife is pregnant, giving birth, or nursing a child under 12 months old.
Thus, the husband, wife, or both have the right to request the Court to resolve the divorce. However, the husband does not have the right to request a divorce if the wife is pregnant, giving birth, or nursing a child under 12 months old.
Below is a compilation of 30 first-instance court judgments from various Courts adjudicating divorce disputes involving adultery:
No. | Judgment Title | Adjudicating Court | Trial Date |
---|---|---|---|
1 | Judgment on Divorce Dispute No. 51/2022/HNGD-ST (husband's adultery) | People's Court of Lam Ha district, Lam Dong province | June 4, 2022 |
2 | Judgment No. 42/2022/HNGD-ST on divorce dispute | People's Court of Xuan Loc district, Dong Nai province | March 31, 2022 |
3 | Judgment No. 42/2022/HNGD-ST on divorce and child custody | People's Court of Loc Ninh district, Binh Phuoc province | July 20, 2022 |
4 | Judgment No. 42/2022/HNGD-ST on divorce dispute | People's Court of Cam My district, Dong Nai province | June 17, 2022 |
5 | Judgment No. 203/2018/HNGD-ST dated July 24, 2018 on divorce, child custody dispute upon divorce | People's Court of Hoang Hoa district, Thanh Hoa province | July 24, 2018 |
6 | Judgment on Divorce Dispute No. 10/2022/HNGD-ST | People's Court of Dong Anh district, Hanoi city | January 6, 2022 |
7 | Judgment No. 610/2020/HNGD-ST on divorce | People's Court of Phu Nhuan district, Ho Chi Minh City | September 8, 2020 |
8 | Judgment No. 33/2017/HNGD-ST dated September 1, 2017 on divorce, child custody dispute | People's Court of VC district, DN province | September 1, 2017 |
9 | Judgment No. 60/2018/HNST dated March 29, 2018 on divorce | People's Court of Cai Be district, Tien Giang province | March 29, 2018 |
10 | Judgment on Divorce Dispute and Joint Child Custody No. 04/2022/HNGD-ST | People's Court of Na Ri district, Bac Kan province | March 29, 2022 |
11 | Judgment on Divorce and Child Custody Dispute No. 28/2022/HNGD-ST | People's Court of Thach That district, Hanoi city | March 31, 2022 |
12 | Judgment No. 01/2020/HNGD-ST dated September 24, 2020 on divorce dispute | People's Court of Meo Vac district, Ha Giang province | September 24, 2020 |
13 | Judgement No. 67/2017/HNGD-ST dated December 13, 2017 on divorce dispute | People's Court of Hoang Mai district, Hanoi city | December 13, 2017 |
14 | Judgment No. 78/2019/HNGD-ST dated September 6, 2019 on divorce | People's Court of Nha Trang city, Khanh Hoa province | September 6, 2019 |
15 | Judgement No. 44/2019/HNGD-ST dated August 21, 2019 on divorce dispute, child custody after divorce | People's Court of Dong Anh district, Hanoi city | August 21, 2019 |
16 | Judgement on Family and Marriage Dispute No. 08/2022/HNGD-ST | People's Court of Yen Phong district, Bac Ninh province | April 11, 2022 |
17 | Judgement No. 29/2018/HNGD-ST dated May 14, 2018 on divorce | People's Court of HTh district, TN province | May 14, 2018 |
18 | Judgement No. 25/2019/HNGD-ST dated November 25, 2019 on divorce dispute | People's Court of H city, Hung Yen province | November 25, 2019 |
19 | Judgement No. 110/2018/HNGD-ST dated September 5, 2018 on divorce, family and marriage dispute, child custody | People's Court of Go Dau district, Tay Ninh province | September 5, 2018 |
20 | Judgement No. 38/2021/HNGD-ST dated June 7, 2021 on divorce dispute | People's Court of Ben Cat district-level town, Binh Duong province | June 7, 2021 |
21 | Judgement No. 51/2017/HNGD-ST dated August 8, 2017 on the request not to recognize as husband and wife | People's Court of Duc B district, Lam Dong province | August 8, 2017 |
22 | Judgment on Not Recognizing Spousal Relationship and Child Custody Dispute No. 13/2021/HNGD-ST | People's Court of Gia Loc district, Hai Duong province | December 3, 2021 |
23 | Judgement No. 08/2018/HNGD-ST dated February 8, 2018 on divorce and child custody dispute upon divorce | People's Court of Tien Phuoc district, Quang Nam province | February 8, 2018 |
24 | Judgement No. 50/2021/HNGD-ST dated September 30, 2021 on family and marriage dispute | People's Court of YL district, Phu Tho province | September 30, 2021 |
25 | Judgement No. 06/2020/HNGD-ST dated May 8, 2020 on divorce, child custody dispute | People's Court of Ly Nhan district, Ha Nam province | May 8, 2020 |
26 | Judgement No. 22/2019/HNGD-ST dated April 5, 2019 on divorce | People's Court of Soc Son district, Hanoi city | April 5, 2019 |
27 | Judgement No. 11/2018/HNGD-ST dated April 5, 2018 on divorce, child custody dispute upon divorce | People's Court of Ninh Hai district, Ninh Thuan province | April 5, 2018 |
28 | Judgement No. 02/2018/HNGD-ST dated January 18, 2018 on divorce dispute | People's Court of Hoang Su Phi district, Ha Giang province | January 18, 2018 |
29 | Judgement No. 59/2018/HNGD-ST dated October 29, 2018 on divorce, joint child custody | People's Court of Phan Rang - Thap Cham city, Ninh Thuan province | October 29, 2018 |
30 | Judgement No. 11/2018/HNGD-ST dated November 20, 2018 on divorce, joint child custody dispute | People's Court of Binh Gia district, Lang Son province | November 20, 2018 |
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