On December 28, 2023, the civil dispute case of "16 years of marriage and 3 babies are not biological" will be heard in the People's Court of Dexing City, Jiangxi Province.
He and his wife have been married for 16 years, and in 16 years, his wife gave birth to three children. But unfortunately, in 2022, after he found out that his wife was cheating, he went through a paternity test and found that none of the three babies were related to him. He chose to go public and appeal to the court.
After it was made public, his wife said, "Think about it, the child has been called dad for more than ten years, what is the difference between him and animals if he can do this kind of thing?"Is blood relationship that important?If others are infertile, don't they also be raised?In retaliation, his wife also threw firecrackers into the house to scare Mr. Chen's 80-year-old father and 74-year-old mother. At present, he still does not know who the biological father of his three children is, and he has become the opposite of the children, one of his children said: I hate him, I will never pay attention to him again.
On December 20, 2023, in Shangrao, Jiangxi, as a party to the "16 years of marriage and 3 babies are not biological" incident, he received a summons from the court. The civil dispute between him and his wife and the "third party" will be heard on December 28, 2023 at the People's Court of Dexing City, Jiangxi Province**.
On December 23 this year, he posted on his social account that his civil dispute case against his wife and a "third party" would be heard on December 28. **, Chen Shixian said that although he sued the other party, the case was also a trial of himself, "because he disgraced his parents." He said that no matter how hard and tired he used to be, working hard to make money for the sake of his children and family was the happiest thing for him, but now the once good memories have become a big dream.
Some lawyers argued that since he was not the biological father of the three children, he was not obliged to pay maintenance. During the marriage and after the divorce, if one party mistakenly believes that the child born to the other party is his or her biological child, the expenses incurred for raising the child based on the misunderstanding are fraudulent maintenance expenses. Fraudulent custody infringes on the man's property rights and personality rights, and the woman shall be liable for tort damages. The husband may demand the return of the alimony paid by the husband and the biological father of the child on the basis of fraud, and shall be entitled to claim compensation for moral damages. If the man does not know the child's biological father, he may claim full return from the woman. After the woman returns all the money, she can ask the biological father to bear a part. The woman's behavior of having sexual relations with another person and giving birth to children during the existence of the marital relationship infringes upon the identity and interests of her spouse, personal dignity and property rights and interests, and the woman is the party at fault for the marriage, and the property should be divided less or no at the time of divorce, and at the same time, the husband should be liable for moral damages based on the wrongdoing.
Even so, this is not a damage that can be compensated for by compensation and division of property!