Case
Case No.] [2006] Qionglai Min Chu Zi No. 1127.
*] People's Court Daily, January 1, 2007, page 6.
The gist of the case] Husband and wife have the obligation to protect themselves and each other's personal dignity from being violated. Divorce shall be granted if one of the spouses harms the personal dignity and reputation of the other spouse by means of public insults, making the relationship between husband and wife untenable.
Full text] Liu Wei v. Lu Kai, a divorce dispute case.
In December 2005, Liu Wei and Lu Kai, a man he had been introduced to, registered their marriage at the Civil Affairs Bureau of Shuangliu County, Sichuan Province. No children after marriage. They lived together until April 2006 and have lived separately ever since. Lu Kai was dissatisfied with the economic expenses during the period of living together, and although the two sides had negotiated many times, the two sides still could not reach an agreement. In August 2006, Lu Kai falsely used the name of the Yang'an Police Station of the Qionglai City Public Security Bureau to post a similar "wanted" notice in Heshan Town, the county seat of Pujiang County, where Liu Wei had been doing business and living for many years, saying that Liu Wei was a native of Shuangliu County, now living in Pujiang, and that he had used his marriage to defraud money, and that he had obtained as much as 150,000 yuan. If anyone knows his whereabouts, please contact the Yang'an Police Station in Qionglai City immediately. Lu Kai also announced the report of the Yang'an Police Station on the announcement**, which was signed by the Yang'an Police Station and the date of the announcement. Liu Wei was extremely angry and asked the court to allow the plaintiff Liu Wei and her husband Lu Kai to divorce on the grounds that the content of the announcement had seriously hurt his reputation and the feelings of the husband and wife, and caused the relationship between the husband and wife to break.
The People's Court of Qionglai City, Sichuan Province, held after trial that the divorce was based on the breakdown of the relationship between the husband and wife. Article 32 of the "Marriage Law of the People's Republic of China" stipulates: "If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court." People's courts hearing divorce cases shall conduct mediation;If the relationship has indeed broken down and the mediation has not been effective, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a married person with another person;(2) Committing domestic violence or abusing or abandoning family members;(3) There is gambling and smoking.
Poison and other bad Xi are repeatedly taught;(4) They have been separated for 2 years due to emotional discord;(5) Other circumstances that lead to the breakdown of the relationship between husband and wife. "In this case, the plaintiff Liu Wei requested a divorce, and in light of the above provisions, there is no clear circumstance for granting a divorce, and it can only be analyzed and determined from the circumstances (5) whether the relationship between the plaintiff Liu Wei and the defendant Lu Kai has indeed broken down. Plaintiff Liu Wei and defendant Lu Kai became a legal husband and wife after registering their marriage with the civil affairs department. Liu Wei, as his wife, and Lu Kai, as his husband, should be faithful, respectful, and help each other in their common life, so as to establish an equal, harmonious, and civilized husband and wife family relationship. This kind of mutual respect is expressed not only in mutual respect in life, but also in respect of personality, especially in terms of reputation, and both husband and wife have the obligation to do their best to protect their own and each other's reputation from infringement. Defendant Lu Kai violated this obligation, failed to correctly deal with family economic disputes, and in the case of a quarrel between the two parties over the family's economic expenses and could not reach an agreement, he fraudulently used the name of the public security organ to post a similar "wanted" notice in a place where the plaintiff was doing business and living in a large amount, saying that the plaintiff was not doing his job properly, using his marriage to defraud money, and smuggling cigarettes for a long time (if the plaintiff had smuggled cigarettes, the defendant could only report it to the relevant state organs), which was actually an act of insulting the plaintiff and caused the plaintiff's name Reputational damage. As a result, unspecified persons who have read the contents of the announcement have greatly derogated the moral character and reputation of plaintiff Liu Wei, negatively affected the minds of the unspecified public, and affected the public's evaluation of the plaintiff. Defendant Lu Kai's conduct greatly hurt the plaintiff's personal dignity and seriously hurt the feelings of the plaintiff and the defendant's husband and wife. During the trial, the court presided over the mediation, and the plaintiff resolutely requested a divorce, and the court found that the relationship between the plaintiff Liu Wei and the defendant Lu had broken down. The plaintiff's petition for divorce should be upheld. After the verdict, neither the plaintiff nor the defendant filed a lawsuit.