A thrilling emotional dispute shocked the nation in August this year. The actor Mr. Chen found out that after 16 years of marriage and raising three daughters, he found out that none of the three children were biological. Enraged, Mr. Chan took the matter to court and wanted to send his wife to prison on charges of bigamy. This high-profile case will be heard on the 28th of this month at the Dexing Municipal Court in Jiangxi Province. So, can Mr. Chen realize his demands, seek justice for himself, and make his wife bear criminal responsibility?This article will analyze this from a legal point of view. Let's take a look at the cause and effect of this story.
Mr. Chen and his wife met and married in 2007, and they have been living a relatively harmonious life since their marriage, with three daughters. However, in March 2022, Mr. Chan went home early to surprise his wife, but unfortunately witnessed his wife walking out of the hotel with another man. Faced with his cheating wife, Mr. Chen chose to forgive, hoping to save the marriage. But what followed turned out to be even more incredible. Mr. Chan conducted DNA tests on his three daughters, which showed that none of them were his biological children. Shocked and outraged by this discovery, Mr. Chan decided to seek justice.
To solve this problem, Mr. Chen went to his mother-in-law's house and asked her to explain. However, the mother-in-law insisted that her daughter was not at fault, while the wife said: "After 16 years of marriage, does it matter whether you are biological or not?"."Mr. Chan had an argument with his mother-in-law, which caused her to fall and injure herself. The wife's family called the police, and the mother-in-law was identified as suffering minor injuries of the second degree. Mr. Chan was sentenced to pay medical bills and released on bail, although he was not imprisoned, he lost his job. I thought things wouldn't get any worse, but something even more shocking happened. In retaliation, the wife and the cheating partner detonated 36 mosquito coils and threw firecrackers into Mr. Chen's house, resulting in property damage, and the wife's father was also frightened and hospitalized. Subsequently, the wife and the cheating partner were administratively detained for 10 days.
In August 2023, Mr. Chen entrusted a lawyer to file a lawsuit against his wife and cheating partner. The trial on the morning of December 28 was a crucial battle for custody between him and his wife.
1.The crime of bigamy: According to article 259 of the Criminal Law of the People's Republic of China, the crime of bigamy refers to the act of a person who has a spouse marrying another person. In this case, Mr. Chen's lawyer could argue that the wife had an extramarital affair with another man and may have been married to that man without Mr. Chen's knowledge. If this can be proven, the wife will face charges of bigamy.
2.Crime of harming family relations: According to Article 46 of the Marriage Law of the People's Republic of China, if one party has a spouse and marries another person, or if there is a suspicion of bigamy, the other party may file a lawsuit with the people's court. Under this provision, Mr. Chen's lawyer can argue that the wife's conduct has seriously damaged family relations and caused great harm to Mr. Chen and the children. If the court finds that the wife's actions constitute a crime against family relations, then she will be held criminally responsible.
At the same time, Mr. Chen's lawyer will also provide DNA test results as evidence to prove that the three children are not Mr. Chen's biological children. This evidence will help to support Mr. Chen's allegations.
Although Mr. Chan currently has no direct evidence that his wife is married to another man, it can be shown through investigation and other circumstantial evidence whether she is suspected of bigamy. If the court ultimately finds Mr. Chen's charges convicted, his wife may face criminal liability, such as detention or imprisonment. In addition, the court may also make other judgments, such as ordering Mr. Chen to divorce his wife, determining custody of the children, etc.
However, we need to note that the court needs to consider various evidence and circumstances when hearing this case, and make a judgment in accordance with the relevant laws. The final verdict will depend on the court's determination of facts and the application of the law. Therefore, we cannot rely on our own subjective judgment to determine whether Mr. Chan is able to achieve his claims. The final answer will only be known until the outcome of the court trial.