trực tiếp bóng đá k+Judgment No. 01/2018/HNGD-ST dated January 9, 2018 on marriage and family dispute

PEOPLE’S COURT OF BAC GIANG PROVINCE

JUDGMENT NO. 01/2018/HNGD-ST DATED JANUARY 9, 2018 ON MARRIAGE AND FAMILY DISPUTE

On January 9, 2018, at trực tiếp bóng đá k+ office of People’s Court of Bac Giang Province, trực tiếp bóng đá k+ first instance trial was conducted to hear trực tiếp bóng đá k+ case No. 03/2017/TLST-HNGD dated November 11, 2017 on "Marriage and family dispute”.

According to trực tiếp bóng đá k+ Notification of Acceptance of trực tiếp bóng đá k+ Case No. 03/TBTL-TA dated January 11, 2017, trực tiếp bóng đá k+ Decision to Bring trực tiếp bóng đá k+ Case to Trial No. 21a/2017/QDXX-ST dated September 12, 2017, trực tiếp bóng đá k+ Decision to Delay trực tiếp bóng đá k+ Court Hearing No. 10/2017/QDST-DS dated October 12, 2017, trực tiếp bóng đá k+ Decision to Delay trực tiếp bóng đá k+ Court Hearing No. 11/2017/QDST-DS dated November 13, 2017 and trực tiếp bóng đá k+ Decision to Suspend trực tiếp bóng đá k+ Court Hearing No. 12/2017/QDST-DS dated December 13, 2017, between litigants:

1.Petitioner:  Mr. Do Van T; born in: 1990 (with Request for Trial in Absentia)

Place of residence: Village T, Commune B, District LN, Bac Giang Province.

2.Respondent:Mrs. Juan, Chiu - S; born in: 1977 (with Request for Trial in Absentia)

Nationality: Taiwan.

Address: Village D, Commune B, District V, Taiwan.

Mrs. Juan, Chiu - S authorizes Mr. Do Van H, born in 1984; address:  Village T, Commune B, District LN, Bac Giang Province to receive and submit documents to trực tiếp bóng đá k+ Courts. trực tiếp bóng đá k+ Letter of Authorization was consularly legalized/certified by Ministry of Foreign Affairs of Socialist Republic of Vietnam.

trực tiếp bóng đá k+ CASE

Representation of Mr. Do Van T in trực tiếp bóng đá k+ petition for divorce and self-declaration:

With reference to conjugal relationship: They freely got to know each other before getting married. They registered marriage on April 20, 2015 at trực tiếp bóng đá k+ People’s Committee of Bac Giang Province. After wedding, Mrs. Juan, Chiu - S returned to Taiwan to work. He stayed in Vietnam to complete paperwork to go Taiwan later. Because of certain problems, he could not complete trực tiếp bóng đá k+ paperwork to go to Taiwan for their reunion. At first, they still called to see how they were doing, but because of geographical distance, their emotional bond became more distant. Since December 2015, they have not kept in touch with each other. Deeming that their marital bond seems to break, he filed a petition for divorce with People’s Court of Bac Giang Province, requesting trực tiếp bóng đá k+ Court to grant him a divorce from Mrs. Juan, Chiu - S.

With reference to common children: None, so trực tiếp bóng đá k+ court is not requested to settle.

With reference to common property and liabilities: None, so trực tiếp bóng đá k+ court is not requested to settle.

trực tiếp bóng đá k+ respondent Mrs. Juan, Chiu - S: On February 28, 2017, trực tiếp bóng đá k+ People’s Court of Bac Giang Province sent a judicial assistance mandate No. 09/UTTPDS-TA5 to trực tiếp bóng đá k+ Office of Economics and Culture of Vietnam in Taiwan to serve trực tiếp bóng đá k+ court documents to Mrs. Juan, Chiu - S but trực tiếp bóng đá k+ dossier was returned by trực tiếp bóng đá k+ Ministry of Justice because of mistakes. On April 17, 2017, People’s Court of Bac Giang Province kept sending trực tiếp bóng đá k+ judicial assistance mandate No. 08/UTTPDS-TA5 to trực tiếp bóng đá k+ competent authority of Taiwan to serve trực tiếp bóng đá k+ Notification of Acceptance of trực tiếp bóng đá k+ Case No. 03/TBTL-TA dated January 11, 2017 to Mrs. Juan, Chiu - S. On December 8, 2017, People’s Court of Bac Giang Province received a Dispatch No. 3206/BTP-PLQT dated October 26, 2017 of trực tiếp bóng đá k+ Ministry of Justice notifying trực tiếp bóng đá k+ judicial assistance result associated with Mrs. Juan, Chiu - S’s case, enclosed with trực tiếp bóng đá k+ judicial assistance result. On December 13, 2017, Mr. Do Van H who is authorized by Mrs. Juan, Chiu - S to receive and submit relevant documents to People’s Court of Bac Giang Province provided trực tiếp bóng đá k+ Court with: A Request for Trial in Absentia dated September 29, 2016 with signature and handwriting of Mrs. Juan, Chiu - S (including Mrs. Juan, Chiu - S’s consent to Mr. Do Van T’s petition for divorce); a Letter of Authorization of Mrs. Juan, Chiu - S made to Do Van H dated September 29, 2016; household register of Mrs. Juan, Chiu - S. All documents submitted by Mr. Do Van H were consularly legalized/certified by Ministry of Foreign Affairs of Socialist Republic of Vietnam on November 20, 2017.

At trực tiếp bóng đá k+ court hearing, Mr. Do Van T and Mrs. Juan, Chiu - S both submitted their Requests for Trial in Absentia, thus, trực tiếp bóng đá k+ Trial Panel publishes their self-declarations in trực tiếp bóng đá k+ case file.

At trực tiếp bóng đá k+ court hearing, trực tiếp bóng đá k+ representative of trực tiếp bóng đá k+ People’s Procuracy states that trực tiếp bóng đá k+ Judge, trực tiếp bóng đá k+ Trial Panel, trực tiếp bóng đá k+ Court Reporter and procedural participants have complied with regulations of law on procedures from trực tiếp bóng đá k+ acceptance time until trực tiếp bóng đá k+ deliberation time as per trực tiếp bóng đá k+ law.

Request: Pursuant to Article 56 oftrực tiếp bóng đá hôm nay Hôn nhân và gia đình 2014 Số hiệu 52/2014/QH13and Clause 3 Article 35, Point b Clause 1 Article 37, Clause 1 Article 140, Article 175 oftrực tiếp bóng đá k+ Civil Procedure Code in Viet Nam, hereby judges:

- With reference to conjugal relationship: Grant Mr. Do Van T a divorce from Mrs. Juan, Chiu - S.

JUDGEMENT OF trực tiếp bóng đá k+ COURT

After considering documents available in trực tiếp bóng đá k+ case file published at trực tiếp bóng đá k+ court hearing. trực tiếp bóng đá k+ Trial Panel judges as follows:

[1] In terms of court procedures: Mr. Do Van T and Mrs. Juan, Chiu - S both have Requests for Trial in Absentia, trực tiếp bóng đá k+ Trial Panel, pursuant to Clause 1 Article 227, Clause 1 Article 228 of trực tiếp bóng đá k+ Civil Procedure Code, conduct trực tiếp bóng đá k+ trial in absence of Mr. Do Van T and Mrs. Juan, Chiu - S.

[2] With reference to jurisdiction: Mr. Do Van T is a petitioner whose permanent residence is in Bac Giang Province. Mrs. Juan, Chiu - S is a person whose nationality is Taiwan. Therefore, this is a marriage and family dispute involving a foreign litigant. Pursuant to Clause 1 Article 28, Clause 3 Article 35, Point b Clause 1 Article 470 of trực tiếp bóng đá k+ Civil Procedure Code, trực tiếp bóng đá k+ jurisdiction of this case falls under People’s Court of Bac Giang Province.

[3] With reference to conjugal relationship: Mr. Do Van T and Mrs. Juan, Chiu - S registered marriage on April 20, 2015 at trực tiếp bóng đá k+ People’s Committee of Bac Giang Province. Accordingly, this is a legal marriage protected by law.

[4] With reference to trực tiếp bóng đá k+ petition for divorce of Mr. Do Van T from Mrs. Juan, Chiu - S: Mr. T confirms that they have separated for a long time, so, they have no longer had strings attached. Despite trực tiếp bóng đá k+ lack of a self-declaration, Mrs. Juan, Chiu - S consents to trực tiếp bóng đá k+ petition for divorce of Mr. Do Van T in trực tiếp bóng đá k+ request for trial and reconciliation in absentia and did not give further opinions. It is necessary to determine that they have not loved, taken care, and helped each other anymore, which cause their marriage falls into bad situation and cannot prolong, trực tiếp bóng đá k+ purpose of marriage is not achieved. Therefore, a grant of divorce is deemed accordant with Article 51, Article 53 of trực tiếp bóng đá k+ Law on Marriage and Family.

[5] With reference to common children: None, so trực tiếp bóng đá k+ court is not requested to settle.

[6] With reference to common property: None, so trực tiếp bóng đá k+ court is not requested to settle.

[7] With reference to court fee: Mr. Do Van T has to pay trực tiếp bóng đá k+ first instance court fee as prescribed in Clause 4 Article 147 of trực tiếp bóng đá k+ Civil Procedure Code and Point a Clause 1 Article 24, Point a Clause 5 Article 27 ofNghị quyết 326/2016/UBTVQH14 quy định về mứcof trực tiếp bóng đá k+ Standing Committee of National Assembly dated December 30, 2016, which is deducted from trực tiếp bóng đá k+ court fee advance of VND 300,000 paid at trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Bac Giang Province.

[8] With reference to court charge: Mr. Do Van T is a petitioner, so he has to pay trực tiếp bóng đá k+ fee for judicial assistance abroad as prescribed in Clause 3 Article 153 of trực tiếp bóng đá k+ Civil Procedure Code, Clause 2 Article 37, trực tiếp bóng đá k+ list of court fees and charge in Resolution No. 326/2016/UBTVQH of trực tiếp bóng đá k+ Standing Committee of National Assembly dated December 30, 2016, which is deducted from trực tiếp bóng đá k+ judicial assistance advance of VND 200,000 paid at trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Bac Giang Province.

- Mr. Do Van T is refunded VND 3,000,000 (Three million dong) of trực tiếp bóng đá k+ advance paid at trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Bac Giang Province.

trực tiếp bóng đá k+ litigants have rights to appeal trực tiếp bóng đá k+ Judgment as prescribed in Article 273 and Clause 2 Article 579 of trực tiếp bóng đá k+ Civil Procedure Code.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Clause 1 Article 51, Clause 1 Article 53, Clause 1 Article 56 and Clause 2 Article 123 of trực tiếp bóng đá k+ Law on Marriage and Family. Clause 1 Article 28, Clause 3 Article 35, Clause 4 Article 147, Clause 3 Article 153, Clause 1 Article 227, Clause 1 Article 228, Article 238, Article 271, Article 273, Point b Clause 1 Article 470 and Clause 2 Article 479 of trực tiếp bóng đá k+ Civil Procedure Code; Point a Clause 1 Article 24, Point a Clause 5 Article 27, Clause 2 Article 37, trực tiếp bóng đá k+ list of court fees and charge in Resolution No.  326/2016/UBTVQH of trực tiếp bóng đá k+ Standing Committee of National Assembly dated December 30, 2015 to judge:

1.With reference to conjugal relationship:Grant Mr. Do Van T a divorce from Mrs. Juan, Chiu - S.

2.With reference to court fees:Mr. Do Van T has to pay trực tiếp bóng đá k+ first instance civil court fee of VND 300,000 (Three hundred thousand dong), which is deducted from trực tiếp bóng đá k+ paid advance according to trực tiếp bóng đá k+ 2 receipts No. AA/2010/000394 dated January 10, 2017 and AA/2010/000454 dated February 19, 2017 of trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Bac Giang Province. Mr. T is confirmed that he paid trực tiếp bóng đá k+ first instance civil court fee in full.

3.With reference to court charge: has to pay trực tiếp bóng đá k+ fee for judicial assistance abroad of VND 200,000, which is deducted from trực tiếp bóng đá k+ judicial assistance advance of VND 200,000 paid according to trực tiếp bóng đá k+ receipt No. AA/2010/000527 dated May 8, 2017 of trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Bac Giang Province Mr. T is confirmed that he paid trực tiếp bóng đá k+ first instance civil court charge in full.

- Mr. Do Van T is refunded VND 3,000,000 (Three million dong) of trực tiếp bóng đá k+ advance paid according to trực tiếp bóng đá k+ receipt No. AA/2010/000461 dated February 23, 2017 of trực tiếp bóng đá k+ Department of Civil Judgment Enforcement of Bac Giang Province.

Mr. T who is living in Vietnam and absent from trực tiếp bóng đá k+ court hearing has trực tiếp bóng đá k+ right to appeal within 15 days from trực tiếp bóng đá k+ date on which trực tiếp bóng đá k+ Judgment is validly served or posted up. Mrs. Juan, Chiu - S who is living abroad and absent from trực tiếp bóng đá k+ court hearing has trực tiếp bóng đá k+ has trực tiếp bóng đá k+ right to appeal within 30 days from trực tiếp bóng đá k+ date on which trực tiếp bóng đá k+ Judgment is validly served or posted up as per trực tiếp bóng đá k+ law./.