THE PEOPLE'S COURT OF QUANG NAM PROVINCEJudgment No.: 13/2013/HN & GĐSTOn 06/11/2013About: "for divorce"ON BEHALF OF THE SOCIALIST REPUBLIC OF VIETNAMTHE PEOPLE'S COURT OF QUANG NAM PROVINCEWith the trial of first instance include:-Presiding judges: Ms. Nguyen Thi Hoa-The people's assessors: Mrs. Ha Thi Kim YenMs. Ho Thi Tuyet VanCourt Clerk-record trial: Mr Le Van Chuong-people's court officials in Quang Nam province.Today, November 6, 2013, at the headquarters of Quang Nam province people's court hearing of a case in public thểm accepting the number 09/2013/TLST-HN & DIRECTOR July 10 2013 regarding "for divorce" following a decision bringing the case to trial 07/2013/QĐST-HN & DIRECTOR October 28, 2013, between the litigants:Plaintiff: Mr. Nguyen Quang Trung, born: 1964Stay at: 136 On Queen, Tan Thanh district, Tam KY city, Quang Nam province.-The defendant: Ms. Tran Thi Thu Elements, born: 1968. Stay at: 90 ALFRIEDA STREET ST ALBANS, VIC3021, AUSTRALIA.NOTICE:In the divorce petition and a dehiscent and at the trial Mr. Nguyen Quang Trung presents:Mr. and Mrs. Tran Thi Prime currency was married on 3/5/1993 people's Committee at Tan Thanh district, the town of Tam KY, (now the tamky City), Quang Nam province. The couple's marriage on a voluntary basis. The happy couple to the 2001 conflict occurs. This was due in the course of living together, not by temperament, views were divergent married life should always rise to conflict. So the couple could not heal the be should she Fall into Australia in 2008, while he was in Vietnam. Now he deems emotionally the couple no longer exist, the purpose of marriage should not reach him for divorce with her Currency to each person freely.About the General:: Central Romania and Mrs. Garner had two children together: Nguyen Thi Thanh Hien, born on 09/11/1993 and Nguyen Thi Thanh Vi, born on 01/9/1998. Nowadays both children are learning and living with her grandmother in Australia, and the Middle son grew up living with three kids by the mother or the decision. At the trial he was Central to that child support, take care of the College, he will voluntarily alimony when she Wed and grandchildren asked.On the whole, the General debt asset: his wife and she Recorded no assets whatsoever, does not owe anybody and nobody owes the couple, should not require the Court to resolve.In a dehiscent Ms. Tran Thi Thu Elements available in the records of the case presentation:She and Mr. Nguyen Quang Trung was married in May 1993 at the Tan Thanh Ward, Tam KY city, Quang nam Province. The couple's marriage she is on a voluntary basis, without being forced. In the course of living together, due to temperament does not incorporate, between husband and wife are always arising conflict can't heal it. Now Mr. Nguyen Quang Trung do court petition for divorce with her, she herself found the purpose of marriage does not reach so she agree to divorce him Central.About the General: in the process of divorcing, the couple have two children together Nguyen Thi Thanh Hien, born on 09/11/1993 and Nguyen Thi Thanh Vi, born on 01/9/1998. Nowadays both children are learning and living together with her in Australia, so she adopted both children when her husband was the Court for divorce and did not ask him The obligation of support.On the whole, the General debt assets: the couple he had no assets whatsoever, does not owe anybody and nobody owes his wife, should not require the Court to resolve. At the same time she suggested the Court considers for Ms. exclusionary absent with reason, currently she is living and working in Australia should not be conditional on Vietnam participated in the whole process of the proceedings in the Court, she stayed not complaints, grievances about the trial in absentia Ms.In a dehiscent, you Nguyen Thi Thanh Hien, born on 09/11/1993 and Nguyen Thi thanh vi, born on 01 September 1998 presents:Currently three us quang trung Nguyen was asked to be the divorce with my mom's mother, Tran Thi thu element, we have no idea what. If the court approves the parents divorced, then we'd live with dramatic is Ms. Tran Thi thu element and because we now are living and studying in Australia should not be. Therefore, the proposed Tribunal is absent and assure no complaints, grievances about his absence.DEEMSAfter studying the documents in the case file, which is thểm at the trial and was based on the results at the trial; The Board of review to:Mr. Nguyen quang trung and Ms. Chen thi65 marriage collection element on a voluntary basis, have registered to marry on December 3, 1993 at 5, Tan Thanh district, Tam KY, Quang nam. His marriage was valid, should be the law protect the rights and legitimate interests when settling the lawsuit. In the course of living together. Do not gender, between husband and wife often arising conflict, she and I went to a foreign spouses feelings, no more. Now he is the cause for divorce she Draw agreed. The trial found; He was emotional and she truly collectors no longer loving each other again, emotionally the couple no longer. In addition, each person lives every where, being geographically so sentiment is not sworn to heal it. happy couple says she was actually broken, the purpose of marriage should not reach trial for Mr. trung was divorce her currency is in line with the real and true to the paragraph 1 Article 85, paragraph 1 article 89 of law on marriage and family in 2000 of the unitary Socialist Vietnam trench.About the General: Mr. Nguyen quang and Mrs. tran thi to recorded two common children was nguyen thi thanh hien, born on 09/11/1993 and raw bar vi, born on 1/9/1998 (currently two grandchildren are in Austraila with Ms. Garner). However, you nguyen thi thanh hien, born on 09/11/1993 had enough age, aspirations of I want to be with someone who depends you decide, the trial did not consider. Particularly for you nguyen thi thanh vi, born on 01/9/1998. Now he is divorced and she has aspirations to deliver you vy for her direct revenue raising, education until you vy his eldest child support is not high. The trial found; raising children is the responsibility of the parents, child delivery for one feeding to ensure the normal development of the children, currently I'm vy was in with her mother in Australia, my life I vy was stable and normal development, are studying in Australia, the more I see expection vy was staying with his mother. Therefore, the Board of review handed me her direct collection Juliet foster, he's not Chinese alimony custody is in accordance with reality, in accordance with the law, meet your aspirations vy. However, later in the process of learning, the son of Mr. and Mrs. currency requires that you support the voluntary Chinese child rearing is his rights.- Về tài sản chung, nợ chung: không có, nên hội đồng xét xử không xem xét.- Vì các lẽ trên;- QUYẾT ĐỊNH- Áp dụng khoản 1 điều 85, khoản 1 điều 89, điều 92, điều 94, điều 104 luật hôn nhân gia đình năm 2000 của nước cộng hòa xã hội chủ nghĩa viêt nam.- Áp dụng điểm a khoản 1 điều 24 và khoản 8 điều 27 của pháp lệnh sp61 10/2009/UNTV-QH12 ngày 27/2/2009 về lệ phí, án phí Tòa án, xử:- Về quan hệ hôn nhân: ông nguyễn quang trung được ly hôn với bà tran thi to thu.- Về quan hệ con chung: Giao cháu nguyen thi thanh vy, sinh ngày 01/9/1998 cho bà tran trhi to thu trực tiếp nuôi dưỡng, giáo dục đến tuổi trưởng thành, ông nguyen quang trung không phải cấp dưỡng nuôi con chung.- Ông Trung có quyền thăm nom con chung sau khi ly hôn, không ai được cản trở. Vì lợi ích của con vị thành niên, ông trung,bà thu có quyền thay đổi người nuôi con và cấp dưỡng nuôi con khi cần thiết bên bà thu có yêu cầu.- - Về án phí HNGĐ-ST: ông nguyen quang trung phải chịu 200.000đồng, được trừ vào số tiền 200.000 đồng tạm ứng án phí sơ thẩm ông đã nộp thao biên lai thu số 000180 ngày 07/10/2013 của cục thi hành án dân sự tỉnh quảng nam.-On the right to appeal: Bee nguyen quang trung has the right to appeal within 15 days from the date of the verdict through the Embassy of the Socialist Republic of Vietnam in australia, to ask the Supreme People's Court in da nang by the appellate process.--Destination:--the people's Procuratorate in quang nam.-Civil Enforcement Bureau in Quang nam.-The Privy-Save case file-Save project documents-ON BEHALF OF THE BOARD OF REVIEW-Judge-presiding-Signed-Nguyen thi hoa first instance
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