【Commentary】After three years of marriage, the wife did not know that her husband was suffering from AIDS, and the husband deliberately concealed it on the grounds that it was controlled by drugs and would not be contagious. Eventually, the wife applied to the court to annul their marriage. Recently, Shanghai Songjiang was the first judgment in a case of annulment of marriage that applied the Civil Code.

The plaintiff Wang and the defendant Li registered their marriage in May 2018, during which they did not have children. In December 5, Li was detained by the public security organs on suspicion of the crime of opening a casino. During this period, the prison warned Wang that Li needed to take anti-AIDS drugs, and Wang learned that her husband had been diagnosed with AIDS as early as 2021. Immediately, Wang underwent relevant examinations, and although the examination report showed that she did not have AIDS, the incident had caused great harm to her physically and mentally. Wang believed that Li had violated his freedom to marry, and in October 12, Wang applied to the court to annul the marriage.

According to the Civil Code, if one party suffers from a major illness, he or she shall truthfully inform the other party before the marriage is registered; If the other party is not truthfully informed, the other party may apply to the people's court to annul the marriage. Therefore, whether or not to notify in advance is a key factor in the judgment of the case, and it is also the focus of contention between the parties.

Judge Zhu Ye of the Sijing Court of the Songjiang District People's Court of Shanghai

The defendant Li said in court that he had already informed Wang of the fact that he had AIDS before marriage, and in 2017, he took Wang to the hospital for an HIV antibody test. And Li also said that in the life of the two parties, Li has been taking medicine, and Wang also knows this. Wang said that Li told her that he was taking medicine for liver disease, not AIDS.

【Commentary】Both sides insisted on each other, but fortunately, Wang kept the WeChat chat record from October 2022.

【Subtitle】The sound has been processed

【Simultaneous voice】(Chat record live sound)

You take this disease too seriously, I can take you with me when I have time

The specialist asked what the disease was

Would you believe it if the expert said there was nothing wrong with the disease?

This conversation convinced the magistrate that Li had indeed concealed his illness. In the end, the court pronounced a judgment annuling the marriage between the two.

Judge Zhu Ye of the Sijing Court of the Songjiang District People's Court of Shanghai

After the marriage is annulment, it is deemed that the parties have not been married, and if you remarry, then your previous marriage history will not be counted.

The judge said that although the marriage of the two has been annuld, the innocent party can still claim to the court to protect his rights.

Judge Zhu Ye of the Sijing Court of the Songjiang District People's Court of Shanghai

In this case, although she herself did not contract this AIDS, it did cause a huge damage to her psychology, and then she could also claim the corresponding right to compensation, including in the subsequent division of property, because after all, the two parties have lived together for so many years, and the division of property is also inclined to the innocent party.

Reporting by Zhang Jian and Chen Feiqian from Shanghai

Responsible Editor: [Fang Jialiang]