Case Study
Wang and Bai were introduced to each other in 2010, and registered to get married on November 26,2011, and did not have children after marriage.
In November 2013, Mr. Wang sued to the court, saying that in one and a half years after marriage, Mr. Bai had been treated in a number of hospitals, including a hospital in Beijing affiliated to Capital Medical University, a hospital in Tongzhou District of Beijing, a hospital of Chinese Medical Science, and a hospital in Beijing. The inspection report is evidence, while Mr. Bai conceals the relevant condition. At the same time, Wang found that Bai had undergone abortion surgery in 2008, and Bai concealed his condition to deceive Wang, which Wang said was unacceptable. He believes that his parents have been looking forward to the arrival of new members of the family, and now Bai 's behavior has caused him to suffer serious mental torture and trauma.
Bai argued that she disagreed with Wang 's litigation request. First of all, the couple 's relationship is very good, not broken, the couple before marriage has in-depth understanding. Secondly, Bai has not done abortion surgery, and there is no concealment. The medical record manual of induced abortion provided by Wang is not true, and Wang 's statement is not true.
The court heard that marriage is based on emotion. Wang and Bai married independently, and they knew each other well before marriage. The two sides live together for a long time after marriage, and the emotional foundation is relatively deep. Although Wang said that due to Bai 's abortion before marriage, the couple 's feelings were broken, it did not prove whether Bai had abortion or not, and whether there was an inevitable causal relationship between abortion and couple 's emotional breakdown. Bai said that the two sides still had deep conjugal feelings and did not agree to divorce. Therefore, the court believed that Wang should cherish the established conjugal feelings and give up the idea of divorce. In the future, the two sides should strengthen communication and exchanges, mutual understanding and mutual accommodation, and establish a harmonious family. Accordingly, the court rejected Wang 's claim.
Court of first instance : Beijing Tongzhou District People 's Court, Case No. : ( 2013 ) Tongminchuzi No.17370 ;
Court of second instance : Beijing Third Intermediate People 's Court, Case No. ( 2014 ) No.02126.
Attorney Insights
Reproductive right is a basic personal right enjoyed by both husband and wife. In real life, there are often situations in which one party deprives the other party of reproductive rights without authorization, especially when the woman deprives the man 's rights, such as refusing to conceive and bear children, terminating pregnancy without authorization after pregnancy, etc. In this regard, although the party whose rights are infringed cannot claim damages, it can lead to divorce on the grounds that the couple 's feelings are broken.
However, if there is a dispute between the couple on the issue of fertility, and the couple 's feelings have not yet reached the standard of complete breakdown, in the case of a party strongly disagrees with the divorce, the court will not necessarily decide the divorce.
[ Legal link : Article 23 of the Interpretation of the Supreme People 's Court on the Application of the Marriage and Family Code of the Civil Code of the People 's Republic of China stipulates that if a husband requests damages on the grounds that his wife arbitrarily suspends pregnancy and infringes on his reproductive rights, the people 's court will not support it. If the husband and wife have a dispute over whether to give birth, the relationship has indeed broken down, and one party requests divorce, the people 's court shall be dealt with in accordance with the provisions of Article 1079 ( 3 ) ( 5 ) of the Civil Code. ]