Thai Law Database Online

                     Divorce under Thai Laws

                 Marriage seems to be a wonderful dream for people. Some says that a marriage is the beginning of life. If a man or a woman is not getting married, most people think that there must be something wrong with him or her. While many couples are happy with using life with his or her lover with the marriage, many couples fail with the marriage too. People always create things and always think that those things are his or her own. I would like to tell you that even your body is not yours, your son is not yours, your teeth, hair, foot, and etc is not yours. Can we call a boy that a girl, and vice versa? People make it up! So, you should not adhere to something.

Divorce may be effected only by:

  1.  Mutual consent

  2.  Judgment of the Court

1. Mutual Consent

Divorce by mutual consent must be made in writing and certified by the signatures of at least two witnesses. In addition, when marriage has been registered, divorce is valid only if the registration is effected by both the husband and wife.

The divorce is made in writing with two witnesses’ signatures, but spouse does not go to register to divorce at Ampher. The other spouse can take an action to the Court.

     2.    Judgment of the Court

There are ten grounds of action for divorce as follows:

1. The husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

      2.   One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other;

2.1  to be seriously ashamed;

2.2  to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or

2.3  to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;

For example, a wife complains a husband’s boss that her husband has an affair with other woman. The boss makes a disciplinary punishment to the husband. The act of wife is not guilty of misconduct because a wife has a right to prevent or refrain her husband from relationship with other woman.

      3.     One spouse  has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

      4.     One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

Therefore, if the husband and the wife are agreed to separate from each other, the spouse cannot claim that he or she has been deserted.

      5.     One spouse has been adjudged to have disappeared, or has left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

                                                                                                                                                                      To Be Continued

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned. 

Omission to Act under Thai Laws                 

Principle of Criminal law is that a person shall be criminally liable only when such person commits an act intentionally.  However, an omission to act can become criminally liable as well. How come people are criminally liable without do nothing!

Let’s see example

1. Peter is walking near a river, and suddenly a boy is drowning. Peter can help him, but he just ignores him. The boy finally is dead.
2. Unfortunately, the boy drowning is Peter’s son. He does not like him, so he just ignores him. The boy is dead.

Should Peter be criminally liable? If this situation happens in real life, I believe that almost everyone would like to see some punishment to Peter.

For the first example, Peter is criminally liable for a petty offence while the second one, Peter is considered as a murderer, and he shall be punished with death, imprisonment for life, or imprisoned as from fifteen years to twenty years. What make him get a big different punishment while he did nothing at the same situation? Under law, Peter has acted by omission, and his duty will lead him to the degree of punishment. In the first example, Peter has no duty to protect a boy’s life. It’s just a general duty of a good person to help people while Peter in the second one has a specific duty to protect his son according to Section 1564 of Civil and Commercial Law stating that Parents are bound to maintain their children and to provide proper education for them during their minority.

Therefore, an act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

A specific duty to prevent some consequence may occur from different cases, such as

1. The duty from legitimate law

Law provides clearly that people has a duty to do, such as Civil and Commercial Code, Section 1563 “Children are bound to maintain their parents”

For example, a son does not give food and water to his old father who cannot move himself until the father dies. This omission to act is not different from the son shoots his father by himself.

      2.    The duty from specific acceptance

Such as, a nursery nurse, a person who takes care of the safety of pool service user

      3.     The duty form previous acts

For example, a man takes a blind to cross the street, but he leaves the blind at the halfway in order to get on the bus. The blind is bumped by a car. The man is criminal liable as the person who causes bodily harm because he has a duty to take the blind to the other side of the street. His duty is not completed.

      4.     The duty from special relationship

A man and a woman are not married legally, but both stay together as husband and wife. Although their duties are not bound by family law, they have to help each other.

 So, when we talk about the omission to act under Thai law, we have to focus on the duty. If the person has a specific duty to do to prevent consequence, he does not do so. He is criminal liable by his omission. On the contrary, if his duty is general duty, he may be punished for a petty offence.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

Two weeks ago, police officers found 2002 dead baby in a temple in Bangkok. Most babies were died by abortion.  I was shocked! I know well that abortion clinics are around in Bangkok, but I never think the degree of abortion is such very high. Poor Thailand! I do not think that Thai abortion law is weak or needs some alteration, but I think girls or women should learn and understand the word “Mother.”

Under Criminal Law, section 301 states that any woman, causing herself to be aborted or allowing the other person to procure the abortion for herself, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Some people may think that the men should be imprisoned too because he is a part of giving a birth. Some men are selfish and run away immediately from the women when they know that the woman is having a baby. I partly agree. But unfortunately, the law does not provide a charge for such bad guys. In my view, nobody can force a pregnant women to cause herself to be aborted, except her herself. Only the pregnant women can decide whether a baby will be alive or not.

In addition, whoever procures abortion for a woman whether the woman gives consent or not shall be punished with imprisonment. Absolutely, a doctor shall go to jail. Furthermore, if an abortion by a doctor or any person causes other grievous bodily harm to the woman, the offender shall be punished with longer imprisonment.  For example, if the abortion goes bad, the woman becomes infirmity or chronic illness which may last throughout her life.

However, there is still an exception for lawful abortion. If the abortion is committed by a medical practitioner, and;

1. It is necessary for the sake of the health of such woman; or
2. The woman is pregnant on account of the commission of the offence as provide in Section 276, 277, 282, 283, or 284; the offender is not guilty.

For example, the woman is raped. Again, the law protects a baby’s life. So, even though a baby does not have a hand or a leg, a mother cannot cause herself to be aborted

Lastly, abortion would not happen if both men and women are ready to have their own family.

If you really want to see how abortion is, follow the site below (No Censored)

http://www.jabchai.com/main/view_joke.php?id=5664

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.