Successful Case | Wumei Secured RMB 60,000 Mental Damage Compensation for the Client

Under Article 46 of the Marriage Law of the People’s Republic of China, where a divorce is caused by one party’s bigamy or cohabitation with a third party during the marriage, the innocent party shall have the right to claim damages.

In judicial practice, even if the wrongful conduct does not fall exactly within the circumstances stipulated in Article 46 of the Marriage Law, the court may still uphold the innocent party’s claim for mental damage compensation if it finds, based on the specific facts of the case, that one party has breached the spousal loyalty obligation.

He and Yi met through a relative’s introduction in 20**. They registered for marriage soon after on a specified date in a certain month of 20**, and had a son together in a certain month of 20**.

The two married hastily with insufficient mutual understanding before marriage. After marriage, He discovered that Yi was disloyal to the marriage and maintained improper intimate relations with multiple extramarital opposite-sex persons.

Yi even concealed his marital status and having a child, cohabited with one of the parties named Luo, and had another son with her in a certain month of 20**.

After learning the truth, He further found that Yi had visited Luo’s parents during the Spring Festival and promised to marry Luo. More seriously, Yi’s parents were fully aware of his deceptive conduct but did nothing to stop him; instead, they assisted Yi in deceiving He, causing irreparable harm to He.

Thereupon, He filed a lawsuit with the court, claiming:

The core dispute of this case lies in the confirmation of Yi’s breach of the spousal loyalty obligation during the marriage, and whether He’s claim for mental damage compensation should be upheld by the court.

In this case, Yi maintained improper extramarital relations and fathered an illegitimate child during the marriage. Under the guidance of lawyers, He collected sufficient evidence, including audio recordings in which Yi admitted his extramarital affairs, the birth certificate of Yi’s illegitimate child, and intimate photos of Yi and Luo, to prove Yi’s breach of spousal loyalty.

Although the court did not formally confirm the fact of Yi’s cohabitation with a third party in the judgment, it applied Paragraph 2 of Article 46 of the Marriage Law by analogy. The court held that Yi was disloyal to the marriage and constituted the at-fault party, and finally upheld He’s claim for mental damage compensation in the amount of RMB 60,000.

Through case retrieval, the author finds that courts adopt relatively strict criteria for determining bigamy or cohabitation with a third party. Nevertheless, where the at-fault party has illegitimate children with an outsider, many courts hold views consistent with this case: applying Paragraph 2 of Article 46 of the Marriage Law by analogy and supporting the innocent party’s claim for mental damage compensation.