Yang Anming, the plaintiff's lawyer, said that the parties had more than a dozen claims, mainly including compensation for moral damages, return of child support, division of joint property between husband and wife, and disposal of joint debts.
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On December 28, the case of "16 years of marriage and 3 babies who are not biological" was in the Dexing Municipal Court of Jiangxi Province. According to the official WeChat message of the Dexing Court, because the case involves personal privacy, the court adopts a non-public trial method. After the trial, Yang Anming, a lawyer from Beijing Zhongzhen Law Firm, the plaintiff's lawyer, told the Beijing News that the verdict in the case would be announced at a later date. (Related reports: "16 years of marriage and 3 babies are not biological" case**, the woman gave birth to her fourth child last year).
Yang Anming said that on the morning of the 28th, the court heard the divorce dispute case of Chen Zhixian and Yu, and in the afternoon, it was the personality dispute case between Chen Zhixian and the "third party", and the focus of the case included the division of marital property and the return of child support.
According to Chen Zhixian, in 2007, he and his wife Yu got married. In 2008, his wife gave birth to her first daughter, and in the following years, she gave birth to a second and third daughters, both of whom were raised together. In March 2022, after he found out that his wife was cheating, he took his three daughters for paternity tests, and the results showed that none of the three children were biological. Since July this year, Chen Zhixian has attracted the attention of netizens through *** This matter.
None of the three children are biological.
On December 28, 2007, Chen Zhixian and his wife Yu received a marriage certificate, and on the same day 16 years later, the court heard their divorce dispute.
Chen Zhixian said that he and his wife Yu are both from Dexing City, and the two families are only separated by a river. Over the years, the couple has had a good relationship, and there are almost no quarrels. He usually works outside the home, but later goes to run long-distance freight transportation, usually returning home once a week, while his wife takes care of the children at home. After the two got married, their three daughters were born in 2008, 2011, and 2018, and the husband and wife raised them together.
In March 2022, Chen Zhixian found out that Yu was cheating and ran away from home, and Chen Zhixian and his family could not contact her. Chen Zhixian was suspicious of his wife's cruel behavior of leaving his three children, so he took his youngest daughter to do a paternity test, and found that the third daughter was not his own. Later, he took his eldest daughter and second daughter for a paternity test.
Chen Zhixian said that after the paternity test last year, all three daughters stayed at their mother-in-law's house. In April 2022, Chen Zhixian went to his mother-in-law's house to ask for an explanation, during which an argument broke out, resulting in the injury of his mother-in-law. Chen Zhixian was released on bail pending trial for one year after compensating the relevant expenses.
Chen Zhixian said that in May 2022, his wife Yu and man Wu set off firecrackers at the door of Chen Zhixian's house and the window of the bathroom, causing damage to many windows, and his father was also frightened. According to the "Administrative Punishment Decision of the Dexing City Public Security Bureau" provided by him, after Wu Moumou and Chen Zhixian's wife were found to have an improper relationship between men and women, in order to retaliate against Chen Zhixian, the two ignited firecrackers. According to the Dexing Development and Reform Service Center, the value of the loss is 58292 yuan. After the incident, Chen Zhixian called the police for help, and the Dexing City Public Security Bureau punished Wu Moumou with 10 days of administrative detention and Yu Moumou for 8 days.
Chen Zhixian provided the "Dexing Municipal Public Security Bureau Administrative Punishment Decision". Photo courtesy of the interviewee.
In September 2023, Chen Zhixian decided to sue his wife and submitted prosecution materials. On December 20, Chen Zhixian received a summons from the Dexing Municipal People's Court, and the divorce dispute case and personality rights dispute case will be held on December 28**.
According to Elephant News on December 27, Yu's mother said that Chen Zhixian had domestic violence and had a tendency to favor sons over daughters. In this regard, Chen Zhixian issued a ** denial, saying that he had never done anything to Yu before he found out that she was cheating.
According to top news reports, the reporter contacted the woman, Ms. Yu, who said that Chen Zhixian's actions were just to gain traffic. Regarding Chen Zhixian's various statements, Ms. Yu said that she did not cheat, and she did not know that the child was not Mr. Chen's.
Suspected of "fraudulent support"?It is difficult to determine the amount of alimony to be returned.
* The day before, Chen Zhixian's lawyer Yang Anming told the Beijing News reporter that the trial on December 28 will last all day, and the court will hear the divorce dispute case of Chen Zhixian and his wife Yu in the morning, and the personality rights dispute case of Chen Zhixian against a "third party" in the afternoon. Yang Anming said that there are more than a dozen litigation claims of the parties, mainly including compensation for moral damages, return of child support, division of joint property between husband and wife, and disposal of joint debts.
Chen Zhixian said that this morning's divorce lawsuit mainly revolved around the division of property and the return of alimony. In addition, the husband and wife have more joint debts, which also involves the division of joint debts.
Yang Anming introduced that Chen Zhixian would claim to the court that Yu was suspected of fraudulent parenting, "She knew that the children were not Chen Zhixian's, but deliberately concealed the facts and let him raise three children." Yang Anming said that the party claimed a refund of 16 years of child support fees to his wife, but the specific amount was inconvenient to disclose. "The relevant child support, education and medical expenses are relatively long, and we have been investigating and collecting evidence. ”
In this regard, Tian Yuan, a lawyer at Beijing Zhonglun W&D Law Firm, said that there is no clear and unified definition of "fraudulent support" at present, and it usually refers to a man who has no obligation to support him, but because he is deceived by the woman, he mistakenly raises the children of the woman and others as his own.
The question of how to determine the specific amount of alimony to be returned is a difficult issue in such cases, and there is no uniform standard for all walks of life. Tian Yuan said that there was a similar case in 1992, when the Supreme People's Court issued a relevant letter.
The reply of the Supreme People's Court on whether the husband can recover statutory maintenance from the woman after the divorce after the divorce of the husband and wife mentioned that "during the existence of the husband and wife relationship, one party has committed adultery with another person and gave birth to a child, concealing the truth, and the other party has been deceived into raising a non-biological child, and the child support paid after the divorce may be returned as appropriate if the deceived party requests a return;."As to whether the upbringing expenses incurred by the deceived party during the existence of the marital relationship should be refunded, due to the complexity of the issues involved, further study is needed. ”
Does marital infidelity involve bigamy?
At the divorce dispute trial this morning, Chen Zhixian submitted new evidence that his wife gave birth to her fourth daughter in November 2022. He said, "I haven't seen the [fourth] child either. We only retrieved the surgical records of the caesarean section, admission and discharge, and the record certificate of the newborn from the hospital. ”
Summons from the People's Court of Dexing City, Jiangxi Province. Photo courtesy of the interviewee.
Next, Chen Zhixian hopes to hold his wife and the "third party" criminally responsible. In an interview with **, his ** lawyer Yang Anming said that the difficulty in the criminal aspect of this case lies in whether the other party's behavior can be recognized as the crime of bigamy. Yang Anming said that bigamy in law refers to having a spouse and registering a marriage with another personIn fact, bigamy refers to the fact that a person with a spouse and another person live together in the name of husband and wife, although the marriage is not registered.
Tian Yuan also said that cheating in marriage or giving birth to children generally does not involve a criminal offense, and if you are found to have beaten your spouse because of cheating, it may involve the crime of abuse, intentional injury, etc. The issue of determining the crime of bigamy is more complex, mainly involving the definition of "bigamy". Obviously, there is not much controversy about whether a "de facto marriage" without two marriage registrations constitutes the crime of bigamy, and the academic and practical circles are mainly concerned with whether a "de facto marriage" without two marriage registrations constitutes the crime of bigamy. If it is determined that it is a crime of bigamy, according to the Criminal Law of our country, it will be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
In addition, in divorce disputes, the disposal of the joint property of the husband and wife is also the focus. Usually, the joint property of the husband and wife is disposed of by mutual agreement;If the negotiation fails, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. According to the Civil Code, if one of the circumstances of "bigamy, cohabitation with another person, domestic violence, abuse, abandonment of family members, or other major faults" leads to divorce, the innocent party has the right to claim damages.
Duty Editor Kang Xihee.