Faced with the heaviest blow of his life, an ordinary man's world collapses after discovering his wife's betrayal. DNA tests reveal an even more painful truth: the three children are not biological. Mr. Chan embarked on the path of law in search of justice. This article delves into this family dispute full of emotional twists and turns, and analyzes the possible direction of the court's judgment.
Event recap. Mr. Chen (not his real name), an ordinary man who has been married for 16 years, faces the biggest challenge of his life. In March 2022, he accidentally discovered that his wife was staying in a hotel with another man, and this discovery shook his world. Out of doubts and unease, Chen decided to have his three children DNA tested. The results were heartbreaking: the tests revealed that the three children were not his biological descendants.
After experiencing deep disappointment and anger, Chen chose to make the incident public in July 2022. He recounted his ordeal through local television, an act that quickly sparked widespread public attention and sympathy. Faced with such a betrayal of his family, Mr. Chen decided to take legal action to protect his rights and interests. He filed a civil lawsuit against his wife and a so-called "third party", which is scheduled to be heard on December 28 at the People's Court in Dexing City, Jiangxi Province.
On social networking, Mr. Chen shared his feelings and thoughts. He talked about his feelings about the hard work and dedication of the past, and the fear of uncertainty about the future. This turmoil was not only a personal test for him, but also a heavy blow to his parents. Mr. Chen told reporters that his father is 80 years old and his mother is 74 years old. The relationship between him and his wife became strained last May when he discovered that the children were not his own. Once, his wife threw firecrackers into the house, scaring his parents. Chen's father suffered from stress disorder and has not recovered.
Mr. Chen said that although he has been unable to overcome this psychological barrier, he hopes to fight for justice for himself through legal means. He also expects the child's biological father to stand up and take his due responsibility. In addition, Chen announced that "major cases" will be announced after the trial, but the details are still unknown.
Possible direction of the court's decision.
From a legal perspective, we need to focus on a few key points: marital fidelity, divorce proceedings, child custody, and possible civil compensation.
Violation of marital fidelity obligations: According to Article 3 of the Marriage Law of the People's Republic of China, husband and wife shall be faithful to each other and respect each other. Mr. Chan's wife had an inappropriate relationship with another person, which was a clear breach of the duty of fidelity in marriage. This act provides Chan with sufficient grounds to file divorce proceedings and may obtain a favorable judgment in the divorce case.
Divorce proceedings: Article 32 of the Marriage Law mentions that cohabitation of a spouse with another person is one of the legal grounds for divorce. Mr. Chan may commence divorce proceedings under this provision. If the court finds that Chen's wife has indeed engaged in bigamy or improper sexual relations, Mr. Chen may obtain a more favourable judgment in terms of property division and moral damages.
Child custody and maintenance issues: When it comes to child custody, the law usually takes precedence over the interests of the child. Article 36 of the Marriage Law stipulates that in the event of divorce, the issue of child support shall be resolved through negotiationIf the negotiation fails, the court will make a judgment. Although the DNA test results show that the child is not Mr. Chen's biological child, the court may consider his wishes if he is willing to continue to take on the responsibility of custody. Otherwise, custody may be awarded to the child's mother.
Civil Compensation: Mr. Chen may claim moral damages in accordance with the relevant provisions of the Civil Code. This compensation is usually based on moral damage caused by the other party's breach of a statutory duty or contractual agreement. In this case, Mr. Chen's wife may be liable for compensation for breach of marital fidelity duty.
Mr. Chen's case involves a number of legal aspects, including breach of marital fidelity, divorce proceedings, child custody and civil compensation. The law provides clear guidelines and mechanisms for handling such cases, with the aim of protecting the legitimate rights and interests of the parties and resolving family disputes.
This event not only sheds light on the complexities and vulnerabilities in family relationships, but also shows the courageous steps individuals take in the face of life's great challenges. Mr. Chen's story is about betrayal, pain, legal battles, and ultimately a journey to justice and a new life.
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