Work Text:
In the Matter of the Petition for Divorce
of Kirishima Eijirou @ Red Riot and
Kirishima Katsuki (nee Bakugou)
@ Great Explosion Murder God Dynamight
Kirishima Eijirou @ Red Riot,
Petitioner
-versus-
Kirishima Katsuki (nee Bakugou)
@ Great Explosion Murder God Dynamight,
Respondent.
X——————————————————————-X
DECISION
This resolves the above captioned Petition for Divorce filed by Kirishima Eijirou also known as “Red Riot” (hereinafter referred to as Red Riot or petitioner for brevity) praying that after due notice and hearing, the Court issue an Order:
- Declaring the marriage between Red Riot and Kirishima Katsuki (nee Bakugou) also known as Great Explosion Murder God Dynamight (hereinafter referred to as Dynamight or respondent for brevity) DISSOLVED;
- Giving joint custody to the parties over the persons of their minor children Kirishima Katsumi and Kirishima Akio;
- Ordering full accounting and inventory of the assets accumulated over the course of their marriage;
- Ordering the equal division of the marital assets between the parties.
THE ANTECEDENT FACTS
The petition narrates that the parties met when they were teenagers and studying to become Pro Heroes in UA High School. Around the time of their first meeting, Red Riot was allegedly repulsed by the seeming abrasive attitude of herein respondent Dynamight. During the testimony of witness Ashido Mina (hereinafter Ashido), she stated that Red Riot referred to Dynamight then as “crazy” and “unmanly.” (Judicial Affidavit of Ashido, marked as Exhibit R)
However, in a surprising turn of events, the parties were pushed closer during a rescue simulation training. When the League of Villains attacked their class in the year 21xx, herein parties were forced to work together after having been warped to the Collapse Zone of the Unforeseen Simulation Joint. Several witnesses testified that the parties “were very gay” (Judicial Affidavit of Todoroki Shoto, marked as Exhibit S), “in sync from the moment they first charged the villain Kurogiri” (Judicial Affidavit of Midoriya Izuku, marked as Exhibit T), and “a pair of pining [redacted] who needed to get their [redacted] [redacted]together” (Judicial Affidavit of Kaminari Denki, marked as Exhibit Q).
Thereafter, the parties were seen together everywhere, as thus: the Sports Festival in their first year and every year thereafter, during which times the parties were “still very gay, that’s all I have to say” (Todoroki, Exhibit S.); the Hero Expo in I-Island where the parties, at age fifteen, traveled overseas alone together and wherein Red Riot bought a suit for Dynamight (Midoriya, Exhibit T.); several class excursions; respondent tutoring herein petitioner (Several Witnesses, Exhibits Q, R, S, T.); living next doors to each other in the UA dormitories, to which several witnesses testified to having caught one party sneaking into the other party’s dorm room in the middle of the night (Several witnesses, Exhibits Q, R, S, T, U, V, W, X.); cuddling in the couches of the UA dormitory living room (Exhibits Q, R, S, T, U, V, W, X, Y, Z, AA, BB, CC.), among others.
The parties were allegedly not even dating at that time. The actions of the parties, dubbed as a very long ‘will-they-won’t-they’ scenario, allegedly caused moral and mental injury to several witnesses (Kaminari, Exhibit Q; Ashido, Exhibit R; Judicial Affidavit of Sero Hanta, marked as Exhibit U; Judicial Affidavit of Aizawa Shouta, marked as Exhibit V.) Witnesses sought compensation for the damages caused by the actions of the parties. However, since the same is not the crux of the case at bar, the same is hereby ordered stricken from the records.
After graduating from UA High and getting their Licenses as Pro Heroes, the parties moved in together. They were still not dating, much to the chagrin of all the witnesses presented. Allegedly, the parties insisted that they were just "bros."
The petition then narrates that sometime in the year 22xx, herein petitioner sustained multiple injuries after a villain attack in Dotonbori, causing him to lose consciousness for several days. At the time of the attack and before Red Riot lost consciousness, he told the other heroes present at the scene to tell Dynamight “he loves him, has always loved him, and will always love him.” (Judicial Affidavit of Taishiro Toyomitsu, marked as Exhibit X and Judicial Affidavit of Tamaki Amajiki, Exhibit W.) Witnesses reminded the Court that the parties were not dating.
During Red Riot’s stay at the hospital, herein respondent filed for a Personal Time Off from his Hero Agency to stay by Red Riot’s side, attending to his every need. (Judicial Affidavit of Rumi Usagiyama, marked as Exhibit 5) Notably, they are each other’s emergency contact (Exhibits Q, R, S, T, U, W; Exhbits 5,7,8,9) because “that’s what bros do.”
After four days or so, Red Riot woke up. His first sight was Dynamight. (Judicial Affidavit of herein petitioner Kirishima Eijirou, Exhibit C.) Dynamight was allegedly filled with so much relief that he wanted to punch the living [redacted] out of the [redacted] stupid idiot because he did not know how to take care of himself. (Judicial Affidavit of herein respondent Kirishima Katsuki, Exhibit 2.) They hugged. Red Riot averred that Dynamight hugged him so tight he was sure he was going to collapse and go back to his coma. (Exhibit C.) However, what made him actually faint was when out of nowhere, Dynamight went down on one knee and asked Red Riot to marry him. Red Riot, crying, said yes. He was overwhelmed with happiness that his vision started to blur and the next thing he knew, he’s waking up to nurses and doctors crowding him.
On August 22xx, the parties wedded at an intimate event attended by their families and close friends. Allegedly, it was “beautiful and I cried so much” (Midoriya, Exhibit T.) and “I told everyone they were gay. No one believed me and now a lot of people owe me money.” (Todoroki, Exhibit S.)
After a year of marital bliss, the parties decided to have children and sought permission and aid from the Hero Commission to avail the services of a quirk user who would help them bear children. Eventually, their DNAs bore their twin children, Kirishima Akio and Kirishima Katsumi. The parties and their children lived a happy and healthy family life. (Exhibits C and 3) Things took a turn for the worse, however, six years after their marriage, prompting herein petitioner to file this petition. Red Riot cited Paragraph V, Article 770 of the Japanese Civil Code as ground for the divorce.
On May 2xxx, summons was served to Dynamight in their family home. The Report of the Court Process Server stated that Dynamight tore up the divorce papers and told him that it was “a bunch of [redacted] cockamamie.” He thereafter flipped off the Process Server. For such vulgar and aggressive actions unbecoming of a hero against an agent of the Court, Dynamight was held in contempt and was ordered to pay a fine of Twenty Thousand Yen.
Not having reached a Divorce Agreement, the parties were then referred to Conciliation Proceedings. In their Report, the Conciliation Committee noted the following:
- Red Riot did not want to speak to Dynamight, despite the latter’s pleas;
- The parties were still living together as spouses despite the proceedings pending in court;
- Dynamight told Red Riot to [redacted] him sideways and to stop being a [redacted] [redacted]
- Red Riot answered that he would gladly [redacted] Dynamight lying down, or sideways, or on the ceiling, or tied up, however, right now Dynamight is being a [redacted] brat.
The Conciliation Committee sought payment of damages from the parties for causing them mental and emotional anguish. The parties were ordered to pay a fine of Twenty Thousand Yen each for their actions during the Conciliation Proceedings.
Not having reached any amicable agreement, the case was referred back to this Family Court for trial.
In the course of the trial, several witnesses were presented. They testified that the divorce came as an unpleasant surprise (Ashido, Exhibit R.); that they have known the parties to have a loving relationship that “makes me sick to my stomach. Seriously, Judge, they’re so in love, I want to vomit” (Kaminari, Exhibit Q.); that this divorce is “an actual nightmare and it feels like my entire world is ending” (Midoriya, Exhibit U); and that if “Red Riot and Dynamight have decided to end their relationship, there’s no hope for humanity” (Aizawa, Exhibit V.)
Red Riot refused to testify and manifested that his Affidavit be utilized as his direct testimony.
On September 18, 22xx, Kirishima Katsumi, aged four, took the stand. Considering that the witness is a minor, to prevent undue duress to her person, the Court ordered a special closed session hearing.
In the course of her testimony, Katsumi stated that her Papa (Dynamight) and Daddy (Red Riot) tell each other “I love you” everyday; that she wakes up “to Papa and Daddy eating each other’s mouths in the morning”; that her Daddy cries a little whenever their Papa has to work late; that whenever their Papa is out fighting villains, their Daddy says Papa will “kick butt”, but their Daddy always walked around the house and talked to himself whenever their Papa is fighting; that their Papa shouts at the man on the television whenever Daddy was fighting the bad guys.
Next on the stand was Kirishima Akio, likewise aged four. When asked if their fathers fought, he testified that their Papa would get mad at their Daddy whenever their Daddy cooked for them. His testimony, in part, is reproduced hereunder as thus:
Lawyer: Akio, when you say that your Papa gets mad, what does he do?
Witness: He shouts at daddy. Papa always shouts at daddy.
Lawyer: Do you know why your papa shouts?
Witness: Because daddy always ruins our pans and our food.
Lawyer: How do you feel whenever your papa shouts? Does that scare you?
Witness: Hell no! I shout at Daddy too!
[Lawyer chuckles.]
Lawyer: Why do you shout at your daddy?
Witness: Because I’m hungry already! And he leaves our kitchen in a mess!
Lawyer: So your Daddy always burns your food?
Witness: Yes, sir! But Papa still eats the burnt food.
Lawyer: Why?
Witness: Because Papa says he doesn’t want Daddy to cry.
Lawyer: Oh, so your daddy always cries?
Witness: Yes, but it’s manly to cry and express your feelings, daddy taught us that!
Lawyer: Do your Papa and Daddy always fight?
[Witness thinks.]
Witness: Some nights I hear them fighting.
Lawyer: Do you know what they’re fighting about?
[Witness shrugs.]
Witness: I think Daddy hits Papa, sometimes.
Lawyer, addressing the Court: We would like to put it on record that the witness is frowning.
Court: Put it on record.
Lawyer: Why do you say so?
Witness: Katsumi and I sometimes hear Papa crying. He tells Daddy to hit him harder-
Lawyer: Your Honor, we would like to terminate the testimony of the witness.
Court: Cross examination?
Petitioner’s Lawyer: No cross, Your Honor.
Court: The testimony is terminated. Witness is excused.
After the parties have presented all available evidence, the trial was concluded and the case was deemed submitted for resolution.
ISSUE:
The sole issue in this case is whether or not the Petition for Divorce should be granted.
THE FINDINGS OF THE COURT:
The prevailing law for divorce in this jurisdiction is Article 770 of the Civil Code of Japan, which provides that:
Only in the cases stated in the following items may either husband or wife file a suit for divorce:
(i) if a spouse has committed an act of unchastity;
(ii) if abandoned by a spouse in bad faith;
(iii) if it is not clear whether a spouse is dead or alive for not less than three years;
(iv) if a spouse is suffering from severe mental illness and there is no prospect of recovery; or
(v) if there is any other grave cause making it difficult to continue the marriage.
A court may dismiss a suit for divorce if it finds that continuing the marriage is reasonable taking into account all circumstances, even in the case where there is a cause listed in items (i) to (iv) inclusive of the preceding paragraph.
As a general rule, divorce is not granted if one of the spouses does not agree to it. However, the above cited provision of the Civil Code states that divorce may be allowed even if one of the parties does not agree to it if any of the grounds enumerated above apply to that spouse. As the court bases its final decision regarding the divorce only upon the grounds stated above, all proceedings will be based upon these grounds, including negotiations as to the custody of children and the division of assets.
During trial, the petitioner Red Riot refused to testify and instead opted to utilize his Judicial Affidavit as his direct testimony. On the other hand, respondent Dynamight testified that the proceedings is a load of bull [redacted.] For this, he was again asked to pay a fine of Twenty Thousand Yen, with a warning that any further disrespect towards the Court shall merit him the punishment of imprisonment.
The petitioner Red Riot cites Paragraph (v) of Article 770 as the ground for divorce. To reiterate, paragraph (v) provides: “if there is any other grave cause making it difficult to continue the marriage.”
However, he and his counsel failed to provide further details.
At the tail end of the trial, Dynamight took the opportunity to present his closing argument in lieu of his lawyer, as thus:
“Ladies and Gentlemen of this Honorable Court. You may know me as Dynamight, Number two hero of Japan. Some of you may love me, most of you would argue that I am a big piece of… I’m not risking getting fined again, so let me rephrase that. Some of you may love me, most of you do not understand me. And sure, I may be cocky. You might argue that I have a trash attitude, and I’d agree with you. The words that come out of my mouth are filthy, as evidenced by the piling receipts for the fines I had to pay during the course of this entire trial. But I am also Kirishima Katsuki, and I would fight for my right to be called a loving father, because that’s what I am. I am also a dutiful husband, and that… that gentleman with the spiky red hair sitting on the plaintiff’s table? That’s my husband. My best friend. The love of my life. You may know him as Red Riot, an unbreakable hero. Sunshine incarnate. Manly, chivalrous. To me, he’s Eijirou. Just Eijirou… and Eijirou is all I ask for and all I need. I would gladly give my last breath to him, even if I know he would never need me to sacrifice myself for him. We share each other’s secrets, each other’s pains, each other’s joys.
Your Honor, if you grant this divorce, that would be a disservice to the values on which marriage was founded. But if the Court grants it, for whatever bullsh- for whatever reason, I won’t let that stop myself from still loving my husband. He would always be mine, and I would always be his. And I would force him to work his ass towards reconciliation, and then we’d get married again. With that, I rest my case.”
After respondent had delivered his closing statement, petitioner rose from the gallery. He was in tears. Without seeking leave from the Court, petitioner delivered the following statements:
“Dude [Petitioner sobs], that was manly as [redacted]. I’m sorry things got out of hand. Your Honor, I don’t want to divorce him, you see. It just got out of control. I said I wanted to [redacted] him with [redacted] while he was hanging and blindfolded, but he said he was tired. But Your Honor, when my husband is tired, he has this look on his eyes that makes me super [redacted] that I’d want to [redacted] [redacted] style or maybe we could [redacted] [redacted] [redacted]. He wouldn’t let me do it, so I jokingly said I’d file for divorce. But he doesn’t believe me, so I did file for divorce, and suddenly the media picked up the news and everyone’s talking about the divorce and [Petitioner sobs]. I’m sorry, okay?”
The law grants the Courts the discretion to deny a petition for divorce if in its opinion, the parties may work through their issues and if it finds that continuing the marriage is reasonable taking into account all circumstances.
The answer in the case at bar is very obvious.
WHEREFORE, premises considered, the Petition for Divorce is hereby DENIED. However, the parties are admonished for having wasted the Court’s time and resources, and they are hereby ordered to pay a fine of Two Hundred Thousand Yen each.