Dexing City, Jiangxi Province, today tried the case of three non-biological children who had been married for 16 years. There are a lot of legal issues involved in this case.
According to reports, the first child was conceived by the woman before marriage, and because the man and the woman had previously had sexual relations, the child has never looked like the man, and the man thinks that it may be like the mother. The man never suspected that the child was not his own. The man may not know who the child is, but the woman generally knows, and if the woman doesn't even know, the relationship between the woman and the opposite sex will be very complicated. We do not know the exact facts of the case. So, let's analyze it in a different situation:
Is their marriage valid?
In the first case, if the woman knows that the child is not the man's, and the woman also knows that the man mistakenly believes that the child is her own, is it valid for them to register the marriage?In the second case, the woman does not know whose child it belongs and whether their marriage is validIn the third case, the woman thinks that the child belongs to the man, and the man also thinks that the child belongs to the man, is their marriage valid?
If the man knows that the child is not his own, will the man marry the woman?When we ask this question, we should be aware that whether the child is the man's or not affects the man's willingness to marry.
If in the field of contracts, this is a material misunderstanding. Article 147 of the Civil Code: The perpetrator has the right to request that a people's court or arbitration institution revoke a civil juristic act based on a major misunderstanding. But marriage is not a contract. A material misunderstanding is not a legal ground for annulment and annulment.
The couple has been married for 16 years, and we cannot use the current Civil Code to bind the actions of 16 years ago. Sixteen years ago, China used the "Marriage Law of the People's Republic of China", and Article 10 of the Marriage Law shall invalidate a marriage under any of the following circumstances: (1) bigamy;(2) There is a family relationship that prohibits marriage;(3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage;(4) They have not reached the legal age for marriage. Article 11: Where a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.
According to the above-mentioned legal provisions, we can see that whether the woman knows that the child belongs to the man or not, it does not affect the validity of their marital relationship. Therefore, the man sued the court for divorce.
Does the woman's birth of a child with another person during marriage constitute the crime of bigamy?
The man stated that the woman kept to herself in marriage, and that the woman had not been found to have an improper relationship with others. That is, as long as the man is at home, the woman is also living normally at home;The man was not at home, and the woman's behavior did not arouse the suspicion of the surrounding neighbors. It can be seen that the woman did not have children with another person during marriage and did not reach the situation of long-term cohabitation with others. At present, the lawyer has intervened, and has not found out that the woman has held a wedding with another person and registered the marriage. Therefore, there is no bigamy at present, and the man has not privately prosecuted the woman for bigamy with others.
Can a man claim damages from the woman in a divorce dispute?
Article 46 of the Marriage Law stipulates that if a divorce is caused by any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy;(2) A person who has a spouse cohabits with another person;(3) Committing domestic violence;(4) Abusing or abandoning family members.
In this case, the woman did not inflict the above-mentioned injuries on the husband, and claimed damages from the woman based on the husband's property rights under the Marriage Law. However, their marriage continues to this day, and since January 1, 2021, we have entered the era of the Civil Code. Article 1091 of the Civil Code stipulates that if a divorce is caused by any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy;(2) Cohabitation with another person;(3) Committing domestic violence;(4) Ill-treatment or abandonment of family members;(5) There are other major faults.
So, can the woman's conduct fall into "other gross faults"?According to the cases on the China Judgment Online, if you have a child with another person during marriage, it is a fault in the marriage and you need to compensate the innocent party.
Can we apply the provisions of the Civil Code as a matter of course?Several Provisions of the Supreme People's Court on the Temporal Effect of the Application of the "Civil Code of the People's Republic of China" Article 2: In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the laws and judicial interpretations at the time have provisions, and the provisions of the laws and judicial interpretations at that time apply, except where the application of the provisions of the Civil Code is more conducive to protecting the lawful rights and interests of civil subjects, more conducive to maintaining social and economic order, and more conducive to carrying forward the core socialist values. In this case, if the birth of a child with another person during marriage occurred before the implementation of the Civil Code, the Civil Code may not be applicable, but there is also the possibility that the Civil Code may be applied. It is said that the woman had a fourth daughter with another person last year, and if it is true, the Civil Code will apply.
Can a man claim compensation from a third party?
This issue should be viewed in two parts. If it is based on the maintenance of three children, the husband has the right to ask a third party for the maintenance he has paid. If it is based on the woman's cheating and believes that the third party has violated his marriage and family, the man cannot ask the third party for compensation. After all, if the marriage is not suitable and can be divorced, and the woman cheats and gives birth to a child with someone else, it only shows that the woman has not fulfilled her duty of fidelity as husband and wife. The law in our country is consistent, and conflicts between husband and wife are resolved within husband and wife.
What is the probability that the man will sue for divorce this time?
Article 1079 of the Civil Code: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate a divorce lawsuit in the people's court.
People's courts hearing divorce cases shall conduct mediation;If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly been taught;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
In this case, the husband refused to mediate before the trial. According to the above-mentioned legal provisions, does the woman's behavior fall into "other circumstances that lead to the breakdown of the relationship between the husband and wife"?
The first effect of marriage is that two people can live together reasonably and legally;The second role is to have children;The third role is economic integration, regardless of you and me, it is the joint property of husband and wife. Bigamy or cohabitation defeats all three purposes. Domestic violence, abuse, and abandonment of family members threaten the lives of the person concerned and their family members. Bad habits such as gambling and drug abuse are repeatedly unreformed, and there is a danger to family property and the health of family members. Due to emotional discord and separation for 2 years, it is difficult to achieve the three goals of marriage. Cheating in marriage and having four children with others, so that the man's money is used to raise children for others, which is economically against the man's wishes, and the possibility that the man is unable to have children cannot be ruled out. Now the man is reluctant to continue living together. Moreover, the contradictions between the parties in this case have gone beyond the civil scope. After the woman's extramarital affair with others was discovered, she collaborated with a third party to throw firecrackers at the man's house, and the man called the police to impose an administrative penalty on the woman. After the results of the appraisal came out, the man approached the woman's parents for questioning, and the woman's parents were injured and the man is currently on bail pending trial. The woman has run away from home and has not continued to save the relationship between the husband and wife. It follows that there is no desire for men and women to continue living together. Therefore, given the contradictions and wishes of the parties, the possibility of the first defection of the court exists.
What are the rights of the husband in this case?
According to reports, the husband sued two cases, one of which was a dispute over personality rights;One is divorce disputes. In a personality rights dispute, the man may request the woman to stop the infringement and compensate for the loss. In a divorce dispute, you can request a divorce from the woman, and the custody of the child belongs to the woman, and the woman compensates for the alimony she has paidand demanded that the woman pay damages to him.
Will the woman countersue?
The man and woman have reportedly separated. The woman's mother stated that the man was patriarchal and had violently beaten the woman. If this is the case, the woman has the right to counterclaim the man with the court.
The two parties have been married for 16 years, from honey to the present to Bo Gongtang, the man asked for a divorce;and openly publish the matter between husband and wife and family on the Internet in an attempt to discredit the woman, how will the woman respond, and is there a killer feature in her hand?We'll see.
Married for 16 years, 3 babies are not biological cases**