Divorce When the Respondent Is Absent from Their Place of Residence

My husband and I got married and currently have a 3-year-old child. Since I gave birth, my husband has been involved with and living with another woman. My child and I moved to live with my parents, and we have been separated since then. During the separation, my husband has neither provided for nor visited our child even once. I have filed a petition with the Court requesting a divorce resolution. After accepting the case, the Court proceeded to verify my husband's permanent and temporary residence addresses but could not find any information because he does not have a clear address and frequently moves. Therefore, I would like to ask: in this case, can the Court proceed with adjudication in absentia at the place of residence?

According to Point e, Clause 1, Article 192 of the Civil Procedure Code 2015:

In cases where, in the petition, the plaintiff has correctly and fully recorded the residential address of the defendant, but the defendant does not have a stable residence, frequently changes residence without informing the new address to the authority, or competent persons as per the legal provisions on residence, causing the plaintiff to be unaware in order to conceal the address, evade obligations to the plaintiff, the Judge shall not return the petition but shall determine the defendant, and related parties intentionally conceal the address and proceed to accept and handle the case according to common procedures.

The residential address of the defendant and the handling of the recording of the defendant's address are guided by Clause 1, Article 5 and Article 6 of Resolution 04/2017/NQ-HDTP.

Thus, according to this regulation, in cases where the defendant's place of residence cannot be determined, the Court shall not return the petition but must continue to resolve the case according to common procedural rules. In this situation, the Court may proceed to trial in the absence of the defendant.

Respectfully!

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