trực tiếp bóng đá k+Judgment No. 42/2017/HNGD-ST dated May 30, 2017 on divorce petition involving foreign elements

PEOPLE’S COURT OF KIEN GIANG PROVINCE

JUDGMENT NO. 42/2017/HNGD-ST DATED MAY 30, 2017 ON DIVORCE PETITION INVOLVING FOREIGN ELEMENTS

On May 30, 2017, trực tiếp bóng đá k+ trial was conducted at trực tiếp bóng đá k+ office of People’s Court of Kien Giang province to hear trực tiếp bóng đá k+ case No. 25/2017/TLST-HNGD dated May 12, 2017 regarding a divorce petition involving foreign elements according to trực tiếp bóng đá k+ Decision to Bring trực tiếp bóng đá k+ Case to Trial No. 30/2017/QDST-HNGD dated May 15, 2017 between litigants:

1. Petitioner:Mr. Vu Tri D, year of birth: 1966; Address: Village X, Commune T, District A, Kien Giang Province (present).

2. Respondent:Mrs. Tran Kim Thien T, year of birth 1963; address: ST M, NC, USA (with a Request for Trial in Absentia).

trực tiếp bóng đá k+ CASE

1. Pursuant to trực tiếp bóng đá k+ lawsuit petition dated February 22, 2017 and trực tiếp bóng đá k+ representation made at trực tiếp bóng đá k+ trial by trực tiếp bóng đá k+ petitioner Mr. Vu Tri D:

In 2002, he got acquainted and had a romantic relationship with Mrs. Tran Kim Thien T. After dating for a while, he and Mrs. Tran Kim Thien T registered and were granted a Marriage Certificate by trực tiếp bóng đá k+ Department of Justice of City No. 1088, vol. 06, dated March 25, 2003.

After 1 month of marriage, Mrs. T returned to trực tiếp bóng đá k+ United States.  He and Ms. T kept communicate with each other by phone until October 2003, then they have lost touch with each other so far.

He deemed that they have stayed in an unhappy marriage which cannot last longer. Recently, he has taken initiative in contacting Mrs. T to petition a divorce from her and gained Mrs. T’s consent. Accordingly, he filed for a divorce with trực tiếp bóng đá k+ court and requests as follows:

- With reference to conjugal relationship: He petitions for a divorce from Mrs. Tran Kim Thien T - With reference to common children: none, so trực tiếp bóng đá k+ court is not requested to settle.

- With reference to distribution of property: none, so trực tiếp bóng đá k+ court is not requested to settle.

2. Pursuant to trực tiếp bóng đá k+ Letter of Consent to Divorce and Request for Trial in Absentia dated March 7, 2017 made by Mrs. Tran Kim Thien T:

She concurs with trực tiếp bóng đá k+ statement of Mr. Vu Tri D in conjugal relationship, common child and common property. Now, Mr. D asks for a divorce, she agrees. Because she realizes that she has no longer had strings attached with Mr. D together with their geographical distance, their affection is irretrievably broken. They have no common child and common property so trực tiếp bóng đá k+ court is not requested to settle.  Furthermore, trực tiếp bóng đá k+ respondent requests trực tiếp bóng đá k+ duly authorized court to hear trực tiếp bóng đá k+ case during divorce proceedings at trực tiếp bóng đá k+ court and she authorizes Mrs. Phan Thi My L to receive any legal documents during trực tiếp bóng đá k+ petition settlement and also receive trực tiếp bóng đá k+ court’s judgment.

JUDGEMENT OF trực tiếp bóng đá k+ COURT

After consideration of trực tiếp bóng đá k+ case files assessed and trực tiếp bóng đá k+ adversarial process at trực tiếp bóng đá k+ court hearing, trực tiếp bóng đá k+ trial panel judges as follows:

[1] In terms of court procedures: trực tiếp bóng đá k+ defendant Mrs. Tran Kim Thien T has submitted a Request for Trial in Absentia in trực tiếp bóng đá k+ proceedings in trực tiếp bóng đá k+ Court to resolve trực tiếp bóng đá k+ divorce with trực tiếp bóng đá k+ petitioner Mr. Vu Tri D established at Notary Office T, City H and certified by a notary of Private Notary Office T, so it is legally guaranteed.  Accordingly, trực tiếp bóng đá k+ Trial Panel Applies Point a, Clause 5 Article 477 oftrực tiếp bóng đá k+ Civil Procedure Code 2015 in Viet Namto hear trực tiếp bóng đá k+ case in trực tiếp bóng đá k+ absence of Mrs. Tran Kim Thien T.

[2] In terms of content of trực tiếp bóng đá k+ case: trực tiếp bóng đá k+ marriage between Mr. Vu Tri D and Mrs. Tran Kim Thien T has complied with trực tiếp bóng đá k+ marriage eligibility criteria stipulated in Article 9 ofLuật vtv5 trực tiếp bóng đá hôm nay nhân và Gia đình 2000 Số hiệuand was granted by trực tiếp bóng đá k+ Department of Justice of City H trực tiếp bóng đá k+ Marriage Certificate as stipulated in Article 11 and Article 14 of trực tiếp bóng đá k+ Law on Marriage and Family 2000, so trực tiếp bóng đá k+ marriage relationship between Mr. D and Mrs. T is legal.  At trực tiếp bóng đá k+ first-instance trial hearing, Mr. Vu Tri D still kept his petition for divorce from Mrs. T. Deeming that, Mr. D and Mrs. T 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 since October 2003 and not get in touch to each other so far, so their marriage is irretrievable break-down. Alternatively, trực tiếp bóng đá k+ Mrs. T consented to trực tiếp bóng đá k+ divorce filed by Mr. D. Therefore, pursuant to Clause 19 Article 56 of trực tiếp bóng đá k+ Law on Marriage and Family 2014, trực tiếp bóng đá k+ petition for divorce made by Mr. D 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 trực tiếp bóng đá k+ Civil Procedure Code 2015;

Pursuant to Article 9, Article 11 and Article 14 of trực tiếp bóng đá k+ Law on Marriage and Family 2000; Article 19, Clause 1 Article 56 oftrực tiếp bóng đá hôm nay Hôn nhân và gia đình 2014 Số hiệu 52/2014/QH13;

apply to Clause 4 Article 147 of trực tiếp bóng đá k+ Civil Procedure Code 2015;Nghị quyết 326/2016/UBTVQH14 quy định về mứcdated December 30, 2016 of Standing Committee of trực tiếp bóng đá k+ National Assembly.

1. With reference to conjugal relationship: Mr. Vu Tri D is granted divorce from Mrs. Tran Kim Thien T.

2. With reference to common child: No common child is claimed so trực tiếp bóng đá k+ court is not requested to settle.

3. With reference to distribution of property: No common property is claimed so trực tiếp bóng đá k+ court is not requested to settle.

4. With reference to court fees: Mr. Vu Tri D has to pay VND 300,000 of marriage and family first-instance court fee, which is deducted from his court fee advance of VND 300,000(three hundred thousand dong)paid by Vo Tuan A according to trực tiếp bóng đá k+ receipt No. 0005925 dated May 12, 2017 of Department of Civil Judgment Enforcement of Province K.

Litigants may rightfully appeal this judgment within 15 days from trực tiếp bóng đá k+ judgment announcement. Mrs. Tran Kim Thien T may rightfully appeal trực tiếp bóng đá k+ judgment within 1 month from trực tiếp bóng đá k+ day on which this judgment is duly served or publicly notified as per law provisions.

In case trực tiếp bóng đá k+ judgment or court decision is enforced as per regulations in Article 2 oftrực tiếp bóng đá k+ Law on enforcements of civil judgments in Viet Nam, trực tiếp bóng đá k+ 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 6, 7, 7a and 9 of trực tiếp bóng đá k+ Law on enforcement of civil judgments, and trực tiếp bóng đá k+ effective period of judgment enforcement shall comply within provisions in Article 30 of trực tiếp bóng đá k+ Law on enforcement of civil judgments./.