Question 31: In a divorce case, what are the circumstance in which a spouse is considered to use his or her right in an unfriendly way or to abuse the rights to obstruct litigation activities of the Court or other litigants in the divorce case

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According to the regulations at Chapter XL of the Civil Proceedings Code 2015, those acts of a spouse which will be considered as obstructing civil litigation activities consist of:

  • Obstructing verification, and collection of evidence by persons conducting proceedings as specific:

Forging, or destroying important evidence aimed at obstructing resolution of the case by the Court;

Obstructing on-the-spot appraisal, evaluation, examination, verification, or collection of other evidence by persons conducting proceedings as stipulated by this Code;

Deceiving, bribing, intimidating, compelling or using force in order to obstruct any witness from standing as witness or to compel another person to give false witness;

Deceiving, bribing, intimidating, compelling or using force in order to obstruct any expert from performing his or her duties or compelling any expert to produce any result (of examination) which is inconsistent with the objective facts; and

Deceiving, bribing, intimidating, compelling or using force in order to obstruct any translator from performing his or her duties or compelling any interpreter not to make a truthful, objective or correct translation.

  • Violating Court rules;
  • Infringing, or violating the solemnity and reputation of the Court, the honour, dignity or health of persons conducting proceedings or other persons who perform duties at the request of the Court;
  • Obstructing the issuance, delivery, receipt, service or notification of legal process of the Court: preventing legal process of the Court from being issued, received, delivered, serviced, notified;
  • Having an act of threatening, assaulting or taking advantage of dependence of the others to obstruct the representative of an agency, organisation or individual from being present at the trial or meeting upon being summoned by the Court;
  • Failing to execute the decision of the Court on providing data or evidence controlled or kept by such agency, organisation or individual;
  • Telling untruthful information to obstruct the resolution of cases of the Court; and
  • Based on his or her influence to intervene in any way on the Judge, or members of the Council of Adjudicators with the purpose of deflecting the handling towards in a subjective and illegal way.

In addition, depending on the nature and seriousness of the breach of the spouses when participating in civil proceedings, it can be subject to administrative fine or prosecution for criminal liability in accordance with the laws.

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