Specifically, in the judgment 06/2019/HNGĐ-ST dated April 4, 2019 of the People's Court of Bu Gia Map district, Binh Phuoc province, the first instance trial of the divorce and child custody dispute between Mrs. and Mr. Ho Van S.
Defendant Mr. Ho Van S has a permanent residence and residence in DL village, PN commune, Bu Gia Map district. Mr. S had registered his permanent residence in the locality, but Mr. S was not present in the locality and Mrs. V did not know his changed address because he did not notify the local authorities when he left.
The Court said that Mr. S changed his place of residence and workplace without notifying the plaintiff as well as the local government about the new place of residence and working as prescribed in Clause 3, Article 40; Point b, Clause 2, Article 277 of the 2015 Civil Code of Vietnam is considered intentionally hiding the address.
Compare with the provisions of the law of Vietnam in Clause 3, Article 40; Point b, Clause 2, Article 277 of the 2015 Civil Code is as follows:
Article 40. Place of residence of individuals
1. The place of residence of an individual is the place where such person usually lives.
2. In cases where it is impossible to determine an individual's place of residence as provided for in Clause 1 of this Article, his/her place of residence shall be the place where such person is currently living.
3. If a party, in a particular civil relation, changes his/her place of residence in association with his/her exercise of right or fulfillment of obligation, he/she must notify the other of the new place of residence.
Article 277. Places for performing obligations
1. The place for performing an obligation shall be agreed by the parties.
2. Where the parties do not have an agreement, the place for performance of the obligation shall be:
a) The location of the immoveable property, if the subject matter of the obligation is immoveable property;
b) The place of residence or head office of the obligee, if the subject matter of the obligation is not immoveable property.
Where the obligee changes its place of residence or head office, it must notify the obligor of the change and must bear any increase in expenses resulting from the change in residence or head office, unless otherwise agreed.
The trial panel, based on point a, clause 2, Article 6 of Resolution 04/2017/NQ-HDTP, found that the defendant's last address according to his permanent residence was recorded at PN commune, Bu Gia Map district. Therefore, this divorce case falls under the jurisdiction of the People's Court of Bu Gia Map district. The court accepted the petition of plaintiff Ms. Nguyen Thi V, found that the marriage purpose of Ms. V and Mr. S was not achieved, and declared: Ms. Nguyen Thi V is entitled to divorce Mr. Ho Van S.
Compare with the provisions of the civil law at Point a, Clause 2, Article 6 of Resolution 04/2017/NQ-HDTP as follows:
“... In case the defendant or person with related interests and obligations changes his/her place of residence, working or head office associated with the performance of rights and obligations in a transaction or contract without prior notice. Notifying the petitioner of the new place of residence, working or head office as prescribed in Clause 3, Article 40, Point b, Clause 2, Article 277 of the 2015 Civil Code is considered as intentionally hiding the address and The court continues to settle the case according to general procedures without suspending the settlement of the case for the reason that the total cannot be reached for the defendant and persons with related interests and obligations; ..."
Therefore, in the case of divorce when one party intentionally hides the residential address, the court will still resolve the divorce according to the usual procedures. Therefore, the person who requests for divorce only needs to clearly explain to the Court that the defendant is no longer living in the locality, he has hidden his residence address, then the Court will continue to process the divorce. handle divorce cases according to the provisions of law.
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