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between the Petitioner HANG AMMRA, Sex: Female, born on December 04, 1975,


Khmer origin, Occupation: Employee of Cambodia Bayon Airline, having current address at
house No. 8E0, Street 39, Group 182, Village 14, Sras Chak quarter, Daun Penh district,
Phnom Penh.

Khmer National Identity Card No.: 010204093

- the Respondent LEAV VITIYATHOR, Sex: Male, born on August 09, 1974, Khmer


origin, Occupation: Military Official of Ministry of National Defense, having current address
at house No. 8E0, Street 39, Group 182, Village 14, Sras Chak quarter, Daun Penh district,
Phnom Penh.    

I.  Causes and Disputes

1. The content of the verdict that the Petitioner requires the court to issue:

A- To seek for a divorce from the Respondent LEAV VITIYATHOR, Sex: Male, born


on August 09, 1974.

B- To seek for the custody right of the 03 daughter: 1 st. Name: LEAV MAYARY, Sex:
Female, born on April 01, 2000; 2nd. Name: LEAV MASOLYNNA, Sex: Female, born
on October 11, 2005; and 3rd. Name: LEAV THANAPHASSAS, Sex: Female, born
on November 14, 2007.        

C- To request for child support of $250 per month.

2. Brief explanation of the case

- The case is a case in which the Petitioner and the Respondent have traditionally


married since April 18, 1999, and legally registered their marriage as evidenced in their
Marriage Certificate No. 29, dated May 19, 2009, issued by Civil Registrar of Sras Chak
quarter. In their marriage life, the Petitioner and the Respondent have 3 children. The first
child is LEAV MAYARY, Sex: Female, born on April 1, 2000 with Certificate of Birth No. 934,
dated May 19, 2004; the second child is LEAV MASOLYNNA, Sex: Female, born on October
11, 2005, with Birth Certificate No. 829, dated October 14, 2005; and the third child is LEAV
THANAPHASSAS, Sex: Female, born on November 14, 2007, with Certificate of Birth
No. 407, dated November 29, 2007, issued by Sras Chak quarter, and they have no community
property, but only debt. The Petitioner filed for divorce from the Respondent because of their
incompatibility and the Respondent had committed adultery and had a new wife.

3. Facts confirmed by the Petitioner

- Mrs. HANG AMMRA, the Petitioner, made statements in the pre-hearing session


that: I, HANG AMMRA, got married with the Respondent LEAV VITIYATHOR on April
18, 1999, and had our marriage legally registered as per Marriage Certificate No. 217.99, dated
January 19, 1999, issued by Daun Penh District Office and Certificate of Marriage No. 29,
dated May 19, 2004, issued by Civil Registrar of Sras Chak quarter, and since living together, I
and the Respondent have 3 children; the first child is LEAV MAYARY, Sex: Female, born
on April 1, 2000, with Certificate of Birth No. 934, dated May 19, 2004; the second child is
LEAV MASOLYNNA, Sex: Female, born on October 11, 2005, with Birth Certificate No. 869,
dated October 19, 2005, and the third child is LEAV THANAPHASSAS, Sex: Female, born
on November 14, 2007, with Certificate of Birth No. 407, dated November 29, 2007, issued
by Sras Chak quarter. My husband, the Respondent, LEAV VITIYATHOR, had committed
adultery, having love affairs with another girl and they have 2 children together. I knew that
my husband had love affairs with another gild and had 2 children with her in July 2018, while
I was checking on the internet (Line) and saw chat messages and pictures sent from a woman,
and I asked via that Line named PITOU RATTANAK. After I found out, I asked my
husband, who was the Respondent, and he told me that he they were really his lover and
children. On child is named PITOU and another one named RATTANAK. That was why I
filed for divorce the Respondent, my husband. It is because I lost all of my emotion
connection and could no longer live together with the Respondent. The Respondent has been
living at his mother's house since July 14, 2018.

As for child custody, I would like to seek for the custody of my three children because
I can afford to raise them with my salary of $1043 (One thousand forty three US dollars). The
eldest child named LEAV MAYARY, Sex: Female, born on April 1, 2000, is 18 years and 8
months old. The second child is 13 years old and the third child is 11 years old. 

As for the alimony claim, I ask the Respondent to pay $500 a month in child support


due to the fact that the Respondent used to support $500 a month and more. My husband is a
civil servant working at the Ministry of National Defense; his salary is about 1,800,000 Riels,
so please the judge issue judgment as requested. 

As for debts, it is about $ 40,000 (Forty thousand US dollars) owed to friends, but


without supporting document. They are: 1. MAK SEREY SOKKHA, Sex: Female, in amount
of $19,000 (Nineteen thousand US dollars), which has not been paid; 2. LIM LY, Sex: Female,
in amount of $10,000 (Ten thousand US dollars), which has already been paid; 3. PHO
LAYNEANG, Sex: Female, in amount of $10,000 (Ten thousand US dollars), which is being
paid; 4. KHUON SOVANN POLIN, in amount of $8,500 (Eight thousand five hundred US
dollars), which has not been paid; 5. DOEUR SERELEN, in amount of $ 1,500 (One thousand
five hundred US dollars), which has not been paid. The total debts is $ 4,9,000 (Forty nine
thousand US dollars). For these debts, I borrowed more than 20,000 US dollars for the
business, and my husband, the Respondent, also borrowed from friends about 20,000
dollars. We do not have community property because we with parents. 

 - The statement made by the Petitioner HANG AMMRA  in the hearing session: I keep


my demand the same as before: 

By demanding in the first point: I keep requesting for divorce from the Respondent
LEAV VITIYATHOR, Sex: Male, born on August 09, 1974. 

Demand in the second point: To request for custody rights of the three children, and
for the demand in the third point for alimony of 500 $ a month, I reduce from 500$ to 250$ a
month. I asked the Respondent to help pay off the debt. The Respondent also knew that I still
owed others in amount of $ 49,000, and that I presently do not have a job, so I asked the
Respondent to help pay off the debt of $49,000 as much as possible. 

4. Facts confirmed by the Respondent


- The Respondent LEAV VITIYATHOR made statement in the pre-hearing session: I
was truly married with the Respondent properly, and had our marriage registered as
per Marriage Certificate of Registration 217.99, dated January 19, 1999, issued by Daun Penh
District Office, as stated by the Petitioner, my wife. We have three children as stated by the
Petitioner, my wife. For the claim of the Petitioner that: I had love affairs with another woman
and had 2 children with her, one of which named LEAV SAMBATHPITOU and another of
which named PUTHI RATTANAK is true. However, I had broken off the relationship with
that woman for more than a year ago, almost 2 years, in 2017 after the Khmer New Year
Day. When my wife found out that I had another woman, I had already stopped having the
relationship with her, but because she lacked money, she contacted me like that.

As for the divorce claim between the Petitioner and me, I do not agree to divorce
because I am still in love with my family and still love my wife and I love the Petitioner 's
claim to control my child. Yes, I agree to give it to the Petitioner, but I ask for the right to visit
my son as usual, as my biological father. As for paying food obligations, I would like to pay
as much as possible, because every day I have paid my entire salary to pay off my debts. Yes,
I paid my salary one year ago to pay off their debts. For this debt, they owe about 20
thousand dollars, compared to the previous debt of about (US $ 100,000).

 - the Respondent 's claim LEAV VITIYATHOR name in the hearing session : I agreed to a


divorce from the Petitioner , and given authority to parents on their children his wife, the
Petitioner to be nourished. For food, I agreed to pay the duty duty of 250 $ per month to the
demands of the Petitioner : I have a debt owed aunt Kim 11 . $ 000 and I paid just over twenty
thousand dollars, and I have evidence, sometimes come to court. This debt problem, when I
can still pay, I will help pay off his debt. Yes, I would like to repay this debt in name only. For
other debts, let the Petitioner pay.     

II . Evidence examination

1. Documentary evidence of the Petitioner

1.1. X- Files : Certificate of Marriage No. 1 39, dated May 19, 2004. 

1.2. File X 2 : Marriage Certificate No. 217.99, dated May 19, 1999.  

1.3 Document X 3 : Letter of Acknowledgment dated 04 July 2015. 

1.4. X 4 : American National Identity Card No. 010204093 (1) Validity 04.09.2015 to 03.09.2525.

1.5. X 5 : copy of Certificate of Birth No. 934, dated May 19, 2004 by LEAV MAYARY . 

1.6 Document X 6 : Copy of Certificate of Birth No. 869, dated October 14, 2005 by LEAV


MASOLYNNA .   

1.7 File X 7 : Copy of Certificate of Birth No. 407, dated November 29, 2007 by LEAV


THANAPHASSAS . 

2. Documentary evidence of the Respondent

- contract lenders dated 24.04.2012.


Reason

Based on the results of the oral argument and the examination of the evidence, the court
found that:

1. On Claim 1: Claim for Divorce

1.1- According to the marriage certificate No. 29 dated 19 May 2004 issued by the Civil
Registrar, Sras Chak quarter and the claim of the Petitioner and the Respondent claiming that
they were married according to Traditionally, on April 18, 1999, the Marriage Certificate
was legally registered in 1999, as in Marriage Certificate No. 217.99, dated May 19, 1999,
issued by the school , Daun Penh district . that the Petitioner and the Respondent truly
traditional married since 1999 and has signed a Marriage Certificate legally on 19 May 1999
and signed Certificate of Marriage No. 29 dated 19 May 2004 issued by the Civil Registrar ,
Sras Chak quarter real. The fact that the Petitioner and the Respondent live together by
signing a Marriage Certificate like this means       

 the Petitioner and the Respondent are legally married, living together legally.

1.2- the Petitioner claims for divorce with the Respondent because living together over a


disagreement stole her children but also makes all its romance with the Respondent And can
no longer continue to live together. In living with the Petitioner in the past, there are really
inconsistencies, as claimed by the Petitioner . The fact that the Respondent has also agreed to
divorce the Petitioner leads the court to believe that the marriage between the
Petitioner and the Respondent has indeed been severed without the hope of being able to
remarry.      

 1.3 - The marriage between the Petitioner and the Respondent is isolated with no hope to be


able to make restitution, it is shown that the divorce claim of the Petitioner is in accordance
with Article 978- of the Civil Code The court should decide to divorce the Petitioner and the
Respondent at the request of the Petitioner .

2. On the second claim: the request for parental authority over the child

2.1 - According to the Petitioner and the Respondent, who have the same claim that in their
marriage they have three children, the first child is named LEAV MAYARY ,, Sex:
Female, born on April 1, 2000. Certificate of Birth No. 934, dated May 19, 2004, Number
2, LEAV MASOLYNNA , Sex: Female, born on October 11, 2005 with Birth Certificate
No. 829, dated October 14, 2005 , and the third child, Leav Thorn: Phasak , Sex: Female, born
on November 14, 2007 with Certificate of Birth No. 407, dated November 29, 2007, issued
by Sras Chak quarter , convincing the court that in living together as the Petitioner and the
Respondent couple, there were indeed three children.                 

2.2 - The Petitioner and the Respondent agreed to appoint the Petitioner as the third


parent. However, based on the claims of the Petitioner and the Respondent, they also claimed
that the first child, LEAV MAYARY ,, Sex: Female, was born on April 1, 2000 with
a Certificate of Birth No. 934, dated May 19, 2004, 19 years old, by the name of LEAV
MAYARY, agreed to confirm that he went to live with his mother, not with his father, and his
mother asked the court to raise and Take care of the child named LEAV MAYARY, also the
mother should take care of the child named LEAV MAYARY, well.            

 2.3- to a request of the Petitioner asking parents authority over their son feat Maria Court
should reject demands hand petting the three are being studied that the
Petitioner Underprivileged in raising a child. Seeing that the children of the Petitioner and the
Respondent have lived and studied under the care of the mother as the Petitioner from
infancy until now, if given to the Respondent , a man can not raise children. Well, because
both children are girls, the court believes that the Petitioner mother can educate and provide
for her child to become a good person in society, because the mother always educates and
cares for her child. Better than the father, the court should decide to hand over power to the
Petitioner in accordance with Article 1037-3 of the Civil Code.      

2.4 For the benefit of the child, the father who has no parental authority should have
the right to meet and communicate with the child, and the mother party who has parental
authority should make it easier for the father to visit the child.

 3. On the second claim: claiming the necessary expenses to be responsible for managing the
care of the child

 - to benefit children should order the Respondent expense necessary to get the confidence to
take over the maintenance of two petting LEAV MASOLYNNA , Sex: Female, born
on October 11, 2005 Birth Certificate No. 829, dated October 19, 2005, and his name is Lao
Thanat Phas , Sex: Female, born on November 14, 2007 with Certificate of Birth No. 407, dated
November 29, 2007, issued by Sras Chak quarter at the request of the Petitioner every month
until the child is legal in accordance with Article 1040-4 of the Civil Code. This decision is
based on the actual financial situation of the Petitioner and the Respondent, as well as the
necessary circumstances to pay for the child's living.          

4. The liabilities include: the parties , the Respondent argued and submitted evidence and
recognition of the Petitioner : the Respondent LEAV VITIYATHOR owed aunt is 11,000 $ and
paid just over Twenty thousand US dollars. The Respondent should pay the debt to Kimny in
full, while the other debt 's claimed by the Petitioner is that there is no credible evidence, so
the debt should be owed to the Petitioner .   

 5. The indemnity shall be in accordance with Article 64-1 of the Code of Civil Procedure.

Final decision

1. Name the Petitioner Hang AMMRA divorce from the Respondent LEAV


VITIYATHOR from the date that a definitive verdict.     

2. empower parents petting LEAV MASOLYNNA , Sex: Female, born on October 11, 2005 and
Booklet LEAV THANAPHASSAS , Sex: Female, born on 14 November 2007 to the
Petitioner , the Hang AMMRA since The day of the verdict is final.        

The father without authority has the right to meet and communicate with the child, and the
mother with authority has to make it easier for the father to visit the child.
3. Name the Respondent LEAV VITIYATHOR costs need to be in charge to administer
care to the Petitioner , the Hang AMMRA each month of 250 ( two hundred and fifty US
dollars), up to petting a majority.     

 4. The Respondent shall be in charge of the case money.

The verdict ends with the oral argument on May 08, 2019 before the Petitioner and the
Respondent announced on May 27, 2019. The parties have the right to appeal within the time
prescribed by law.  

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