PEOPLE’S COURT OF HOA BINH PROVINCE
JUDGMENT NO. 03/2017/HNGD-ST DATED DECEMBER 29, 2017 ON DIVORCE
On December 29, 2017, trực tiếp bóng đá k+ first-instance trial court was conducted at trực tiếp bóng đá k+ office of People’s Court of Hoa Binh Province to hear trực tiếp bóng đá k+ case No. 04/2017/TLST-HNGD dated November 14, 2017 on divorce petition. Pursuant to trực tiếp bóng đá k+ Decision to hear trực tiếp bóng đá k+ case under first-instance trial No. 04/2017/QD-ST dated December 12, 2017 between litigants:
- Petitioner:Mr. Khau Thuy P(Other name:Chiu Chui F), born in 1961. Address: 6, Corner 8, Alley 779, Street T, Hamlet 005, Ward D, District L, City D, Taiwan. Absent.
Passport No. 315451514 issued by Ministry of Foreign Affairs of Taiwan on July 6, 2017, validity date: July 6, 2017.
trực tiếp bóng đá k+ petitioner filed a Request for Trial in Absentia dated October 23, 2017, consularly legalized by Department of Consular affiliated to Ministry of Foreign Affairs of trực tiếp bóng đá k+ Socialist Republic of Vietnam on November 13, 2017.
- Respondent: Mrs. Tran Thi T,born in 1985. Address:Hamlet D, Commune N, District Y, Hoa Binh Province. Present.
trực tiếp bóng đá k+ CASE
Representation of Mr. Khau Thuy P (Other name: Chiu Chui F) in trực tiếp bóng đá k+ petition for divorce dated October 23, 2017:He and Mrs. Tran Thi T got married on July 25, 2017 on voluntary basis. They registered marriage at trực tiếp bóng đá k+ People’s Committee of District Y, Hoa Binh Province. On November 7, 2017, he asked Mrs. T to join a visa interview at trực tiếp bóng đá k+ Taipei Economic and Cultural Representative Office in Hanoi, however, they both recognized that their personalities are mismatched, their marriage cannot last longer. Deeming that their marital bond broke, Mr. Khau Thuy P asked for a divorce from Mrs. Tran Thi T. Because Mr. Khau Thuy P has lived abroad, he cannot return to Vietnam to resolve trực tiếp bóng đá k+ divorce due. Therefore, he submitted a Request for Trial in Absentia certified by trực tiếp bóng đá k+ Embassy of Vietnam in Taiwan.
Representation of Mrs. Tran Thi T:Mrs. T confirms marriage conditions, time, circumstances and registration as true as stated by Mr. Khau Thuy P. Mrs. T determines that due to language barrier, difference in views of life, they have no longer had strings attached. Thus, they cannot continue their marriage life. She also agrees to trực tiếp bóng đá k+ petition for divorce of Mr. Khau Thuy P and requests trực tiếp bóng đá k+ Court to grant them a divorce.
With reference to common children: They have no common child.
With reference to common property and liabilities: They both declare that they have just registered marriage, so they have no common property, do not owe or lend money.
At trực tiếp bóng đá k+ first instance court hearing, Mrs. T declares that after wedding, Mr. Khau Thuy P had lived with her in District Y (her permanent residence) for 10 days before he returned to Taiwan. After having lived together, they found there were language barrier and differences in views on life between them and their emotional bond cannot develop. She consents to Mr. Khau Thuy P's petition for divorce.
Opinions of procurator at trực tiếp bóng đá k+ court hearing:trực tiếp bóng đá k+ first instance Judge and Trial Panel have complied with laws and regulations on civil procedures. Because trực tiếp bóng đá k+ petitioner has lived abroad, this case falls under jurisdiction of trực tiếp bóng đá k+ People’s Court of trực tiếp bóng đá k+ province. At trực tiếp bóng đá k+ court hearing, trực tiếp bóng đá k+ Trial Panel adheres to laws and regulations of trực tiếp bóng đá k+ Civil Procedure Code. trực tiếp bóng đá k+ litigants also observe regulations of Articles 70 and 71 of trực tiếp bóng đá k+ Civil Procedure Code. trực tiếp bóng đá k+ trial in absence of Mr. Khau Thuy P is conducted in accordance with laws and regulations on civil procedures.
JUDGEMENT OF trực tiếp bóng đá k+ COURT
[1] In terms of court procedures:
trực tiếp bóng đá k+ petitioner Mr. Khau Thuy P who has lived abroad filed a petition for divorce from Mrs. Tran Thi T, whose registered permanent residence is Commune N, District Y, Hoa Binh Province. Pursuant to Article 37, Clause 1 Article 38, Article 39 oftrực tiếp bóng đá k+ Civil Procedure Code 2015 in Viet Nam, trực tiếp bóng đá k+ case falls under jurisdiction of trực tiếp bóng đá k+ People’s Court of Quang Binh Province.
According to trực tiếp bóng đá k+ Request for Trial in Absentia filed by Mr. Khau Thuy P, pursuant to Point b, Clause 1, Article 238 of trực tiếp bóng đá k+ Civil Procedure Code 2015, trực tiếp bóng đá k+ People’s Court of Hoa Binh Province conducts a trial in absence of trực tiếp bóng đá k+ petitioner.
[2] With reference to content:
With reference to conjugal relationship:
trực tiếp bóng đá k+ conjugal relationship between Mr. Khau Thuy P and Mrs. Tran Thi T is legal. About 3 months after wedding, they both recognized trực tiếp bóng đá k+ language barrier, their mismatched personalities, and difference in views of life that prevent them from continuing their marriage life, thus, Mr. P filed a petition for divorce and Mrs. T, deeming that they have not had spousal attachment any longer, agreed to divorce. Accordingly, it is proved that trực tiếp bóng đá k+ marital bond between them is deem broken, trực tiếp bóng đá k+ marriage life cannot last longer, trực tiếp bóng đá k+ purpose of marriage is not achieved, and they both consent to trực tiếp bóng đá k+ divorce. trực tiếp bóng đá k+ amicable divorce between Mr. Khau Thuy P and Mrs. Tran Thi T is voluntary, well-grounded, in accordance with Articles 51, 53, 55 oftrực tiếp bóng đá hôm nay Hôn nhân và gia đình 2014 Số hiệu 52/2014/QH13, therefore, trực tiếp bóng đá k+ Trial Panel accepts it.
With reference to common children: Mrs. T and Mr. P have no common child.
With reference to common property and liabilities: They both declare that they have no common property, do not owe or lend money.
With reference to court fees: Mrs. Tran Thi T voluntarily pays trực tiếp bóng đá k+ first instance divorce court fee.
Based on trực tiếp bóng đá k+ above-mentioned facts and matters,
HEREBY DECIDES
Pursuant to Articles 51, 53, 55 of trực tiếp bóng đá k+ Law on Marriage and Family 2014;Nghị quyết 326/2016/UBTVQH14 quy định về mứcdated December 30, 2016 of Standing Committee of trực tiếp bóng đá k+ National Assembly on court fees and charges.
Judges: Grant Mr. Khau Thuy P (Chiu Chui F) a divorce from Mrs. Tran Thi T.
With reference to common children: None.
With reference to common property and liabilities: None.
With reference to court fees: Mrs. Tran Thi T voluntarily pays VND 300,000(three hundred dong)of first-instance marriage and family court fee, which is deducted from court fee advance(three hundred dong)according to trực tiếp bóng đá k+ receipt No. 000763 dated November 14, 2017 of Department of Civil Judgment Enforcement of Hoa Binh Province.
With reference to right to appeal: Mrs. Tran Thi T has right to appeal within 15 days from trực tiếp bóng đá k+ pronouncement date. Mr. Khau Thuy P (Chiu Chui F) has right to appeal within 15 days from trực tiếp bóng đá k+ date on which he receives trực tiếp bóng đá k+ copy of trực tiếp bóng đá k+ Judgment.