Hubei woman failed 7 divorce proceedings in 4 years: she claimed that her husband was mentally ill and had monitored and beat her
Recently, a woman from Huangshi, Hubei Province, Ms. Chen, sued for divorce seven times in four years.
Ms. Chen said that she sued for divorce because of her unbearable mental illness husband Hu Dadong (a pseudonym)'s suspicion, domestic violence, and monitoring and tracking.
The multiple civil rulings and civil judgments provided by Ms. Chen’s attorney Deng Jie show that from February 2017 to December 2020, Ms. Chen has filed with Huangshigang District Court in Huangshi City, Qichun County Court in Huanggang City, and Huanggang City. The Intermediate Court sued for divorce.
Two of the cases were withdrawn due to the plaintiff’s need to add evidence and other reasons; one case was found to be disqualified and the prosecution was dismissed after the court opened; the case was suspended; in the last three times, the divorce request was rejected in both first instances and the judgment of the second instance was maintained.
Among them, the court of Qichun County, Huanggang City held that the plaintiff and the defendant voluntarily registered their marriage, and the two parties lived together before marriage, which should have a good emotional foundation.
"At present, the main cause of the conflict between the plaintiff and the defendant is that the defendant is suffering from illness and needs more care and care from the plaintiff. He should shoulder the burden of family life and take care of the defendant." The defendant did not agree to the divorce, and the relationship between the two parties was not completely broken. Ms. Chen's petition for divorce.
Ms. Chen believes that during her cohabitation with Hu Dadong, she often had conflicts and was beaten. The relationship between the two parties was not strong. The conflict between her and Hu Dadong was not because of her mental illness, but because of Hu Dadong’s illness after many treatments. Uncured, it has seriously affected the life of the husband and wife together, which is the root cause of the unsustainable relationship between husband and wife.
The second instance of Huanggang Intermediate People’s Court held that Ms. Chen’s evidence was insufficient to prove that she had “concealed mental illness before marriage, failed to heal after marriage, or had been separated for 1 year after the divorce was denied by the court, and failed to fulfill the obligations of husband and wife.的" and other situations.
Hu Dadong party claimed that Hu Dadong suffered from mental illness after he married the plaintiff. The relationship between the husband and wife has not broken down, and he does not agree to divorce.
Ms. Chen and her agent Deng Jie said that at present, they are preparing to file the 8th divorce lawsuit.
"We haven't received Ms. Chen's request for help before." Qichun County Women's Federation staff told The Paper. After paying attention to the aforementioned situation, they began to investigate the incident.
They are currently in contact with the local judicial department and the parties.
Huanggang Intermediate People's Court made the second-instance verdict. The pictures in this article were provided by the interviewee.
The woman claimed that her husband was diagnosed with mental illness after marriage, suspected her cheating and monitored her
Ms. Chen said that she is a native of Huangshi City and was born in 1985.
In 2013, at a KTV party, she met Hu Dadong, who was 6 years her senior.
After the two fell in love for more than a year, they had the idea of getting married.
In January 2015, the two held a wedding banquet, but they did not receive a marriage certificate.
She said that less than half a year after marriage, Hu Dadong had the symptoms of "not sleeping at night and not being sleepy during the day".
"I never thought about not being with him at that time." On September 20, 2016, they officially registered their marriage.
The judgment document shows that on December 15, 2016, Hu Dadong was diagnosed with mood disorder with psychotic symptoms and paranoid psychosis.
Ms. Chen said that after Hu Dadong was diagnosed, she took him to provincial and municipal hospitals for diagnosis and treatment many times, and took the initiative to repay his credit card debt of more than 110,000 yuan.
Unexpectedly, he began to suspect that she was cheating, buying various monitoring devices online and putting them in her bag for monitoring and tracking.
Ms. Chen recalled that in the early stages of the illness, Hu Dadong suspected that she had an improper relationship with a cousin of the man.
In order to prove their innocence, the two families communicated face-to-face and confronted each other.
Since then, the two families have no contact.
"It doesn't help, he doesn't doubt (cousin), he will doubt other people."
Ms. Chen said that it was domestic violence that made her think about divorce.
At the end of July and December 2016, Hu Dadong beat her twice, all because of suspicion that she had an improper relationship with others.
Ms. Chen recalled the process of being beaten for the first time and said that in July 2016, she went to the local hospital for a physical examination. When asking the security for directions, Hu Dadong was monitored by Hu Dadong and suspected that she had an affair with a man.
Soon after, Hu Dadong rushed to the hospital, pushed her to the ground, and pinched her neck vigorously.
Subsequently, Ms. Chen called the police.
According to previous reports by Upstream News, people familiar with the matter said that Huangshi police had received the call from Ms. Chen and intervened.
Huangshi police have confiscated Hu Dadong's monitoring equipment and other contraband.
In response to Hu Dadong's suspicion and domestic violence against Ms. Chen, Hu Dadong's brother responded that his brother suffers from schizophrenia and mania, and only if he is ill does the above behavior.
A letter of guarantee provided by Ms. Chen, which was suspected to be handwritten by Hu Dadong, showed that he admitted that he had beaten Ms. Chen by himself, expressing apologies and regrets.
Ms. Chen said that after two domestic violence occurred, in February 2017, Hu Dadong ran away from home after stolen her for more than 20,000 yuan. Since then, the two have separated.
Regarding the incident of running away from home in 2017, the relevant judgment documents show that Hu Dadong’s guardian and his entrusted litigation attorney stated that Hu Dadong returned to his hometown for treatment needs.
The Paper noticed that after Ms. Chen sued for divorce, the facts determined in the relevant judgment did not mention domestic violence, surveillance, etc., but only examined and confirmed the facts of marriage between the plaintiff and the defendant and the fact that the defendant was ill.
Seven divorce proceedings in four years, the court: the plaintiff should shoulder the burden of the family and take care of the defendant
Ms. Chen sued for divorce the first two times, and both ended with her filing for withdrawal.
Ms. Chen’s attorney Deng Jie told The Paper on April 23 that on February 28, 2017, Ms. Chen filed a divorce lawsuit with the Huangshigang District Court of Huangshi City for the first time. The grounds for the lawsuit were suspicion by her husband, domestic violence, and relationship between husband and wife. Completely broken, unable to continue living together, and there is no cure for the husband’s mental illness.
However, in April of that year, Ms. Chen applied for withdrawing the lawsuit on the grounds that the plaintiff was preparing to apply to the court to determine that the defendant was incapable of civil conduct.
On January 17, 2018, Ms. Chen filed a divorce lawsuit with the Huangshi Port District Court for the second time, and later applied for withdrawing the lawsuit again on the grounds that “additional evidence was needed”.
Deng Jie said that the two withdrawals were due to Hu Dadong's failure to cooperate with the psychiatric appraisal.
On April 4, 2018, Ms. Chen filed a lawsuit with the Huangshi Port District Court for the third time. The judgment showed that the court made a ruling on May 3, 2018. Within months, he filed for divorce again, and was not accepted according to law.
After filing the case, it was found that the prosecution conditions were not met, and the prosecution was rejected in accordance with the law.
Ms. Chen stated that on July 31, 2018, she filed a lawsuit for divorce in the Huangshi Port District Court for the fourth time.
On August 21 of the same year, the Huangshi Port District Court suspended the lawsuit due to the absence of Hu Dadong’s psychiatric evaluation.
Because Hu Dadong refused to do a psychiatric appraisal, on August 31, 2018, she went to the place where Hu Dadong was registered and applied for identification of Hu Dadong as a person with no capacity for civil conduct.
Ms. Chen applied to the Xinzhou District Court of Wuhan City to declare Hu Dadong as incapable of civil conduct.
The relevant verdict showed that Hu Dadong was diagnosed with mood disorder with psychotic symptoms and paranoid psychosis on December 15, 2016.
After investigation, Hu Dadong stayed in bed for a long time and talked with him. He had delusions of persecution and jealousy, lack of self-control, and completely needed nursing and special care from his mother.
On January 11, 2019, the Xinzhou District Court made a judgment: First, declare Hu Dadong as a person with no capacity for civil conduct; second, designate Hu Dadong’s mother as his guardian.
Since then, Ms. Chen sued the court of Qichun County where Hu Dadong lives for divorce in July 2019 and May 2020.
Both trials mentioned that the court held that the plaintiff is now requesting a divorce from the defendant. Although the evidence proved that the two parties had a conflict after marriage, it was not enough to prove that the relationship between the husband and wife had completely broken down, and the defendant did not agree to the divorce, so the court did not support it. The plaintiff told the request.
In addition, the verdict of the prosecution in May 2020 shows that the court held that the plaintiff and the defendant voluntarily registered their marriage, and that both parties lived together before marriage, which should have a good emotional foundation.
“At present, the main reason for the conflict between the plaintiff and the defendant is that the defendant is suffering from illness, and needs more care and care from the plaintiff. He should shoulder the burden of family life and take care of the defendant.” The court stated that “the defendant did not agree to the divorce, and the relationship between the two parties was not complete. Ms. Chen’s divorce litigation request was rejected on the grounds of “breakup”.
The court also stated that it is hoped that after this judgment, the plaintiff can feel the relationship between husband and wife, the true meaning of family life, and be able to bear the burden of the entire family. In the future, as long as the plaintiff and the defendant overcome difficulties, cherish love, and cherish each other, the relationship between husband and wife will remain peaceful. It is a good possibility, but it is not yet enough to prove that the relationship between the husband and wife has been completely broken.
On August 6, 2020, Ms. Chen appealed to the Huanggang Intermediate Court. This is also the seventh time she has filed a divorce lawsuit.
Second application for withdrawal
Whether the relationship between husband and wife has completely broken into focus, and it also involves the support of mental patients
The civil judgment made by the Huanggang Intermediate People's Court later showed that Ms. Chen presented two facts and reasons: First, during her cohabitation with Hu Dadong, she often had conflicts and was beaten. The relationship between the two parties was not strong, and the relationship after marriage was normal, as written by Hu Dadong. The letter of guarantee and the letter of undertaking are proof; the second is that the conflict between her and Hu Dadong is not because of her mental illness, but because Hu Dadong’s illness has been treated for many times and has not been cured. It has severely affected the life of the couple and the relationship is difficult for the couple. Following the root cause.
According to the verdict, Hu Dadong argued that the contradiction occurred when he started to become ill after he started preparing for pregnancy. They were doing IVF, indicating that the husband and wife had a good relationship; before he was diagnosed with mental illness, he was socially well, and there was no sign. The aforementioned letter of guarantee was written during the onset of illness, and he has no capacity for civil conduct.
In addition, Hu Dadong said that for three years, his brother paid 70,000 to 80,000 yuan for medicine and living expenses, and Ms. Chen did not fulfill her obligations.
The Huanggang Intermediate People’s Court believes that the focus of the dispute in this case is “whether the relationship between the original and the defendant’s husband and wife has indeed broken down, and there is no possibility of reconciliation.” In this case, Ms. Chen cited insufficient evidence to prove that it was consistent with what she called “concealing mental illness and marriage before marriage. After failing to heal after undergoing treatment, or after being separated for one year after the divorce is not allowed by the court, and failing to perform the obligations of the husband and wife," and other circumstances.
Huanggang Intermediate People's Court rejected Ms. Chen's appeal and upheld the original verdict on the grounds that "the relationship between the husband and wife has not completely broken down, and there is still a possibility of reconciliation without obvious impropriety".
According to previous reports from Upstream News, Hu Dadong's brother admitted frankly that he also knew that the marriage between his brother and his sister-in-law would not continue, and he also thought about agreeing to divorce the two.
But there are two prerequisites: Ms. Chen wants to spend a sum of money to treat her brother's illness; reasonably divide the house that the two bought together.
Ms. Chen responded by saying that she had sold the house, and that there was not much left after repayment and mortgage.
Her monthly salary is only 2,000 yuan. If Hu Dadong's request is within her ability, she will do it.
On April 23, Ms. Chen told The Paper that she is currently preparing to file a divorce lawsuit again.
"We have not received Ms. Chen's request for help before." Qichun County Women's Federation staff told The Paper on the same day that they started investigating the incident after paying attention to Ms. Chen's situation.
They are currently in contact with the local judicial department and the parties.
Zhang Jing, deputy director of the Beijing Lianggao Law Firm, believes that in this case, the problem of supporting the mentally ill may be the key to "breaking the situation."
According to Article 1059 of the Civil Code, husbands and wives have an obligation to support each other.
The party in need of support has the right to demand support payments when the other party fails to perform the obligation of support.
Zhang Jing explained that this provision of the law is our country's restriction on the marital obligation of protecting patients with major diseases, that is, one spouse has the obligation and responsibility to support each other.
"As to whether the party who filed for a divorce bears medical expenses for the mentally ill, whether to apply for subsistence allowances, etc., after making proper arrangements for this, can he exercise his freedom of divorce."
However, Zhang Jing believes that the obligation of support between husband and wife cannot be expanded indefinitely.
Otherwise, because of excessive protection of the interests of the dependent party, the freedom of marriage of the other party is restricted.
At this time, the government and social relief channels should be activated to help the dependents’ livelihood problems, and the decision to dismiss the prosecution should not be used to abduct the woman’s free choice.