Man thinks his wife conceals "serious disease" before marriage and applies for annulment of marriage

2022-11-15

According to the Civil Code, if one of the spouses conceals a serious disease before marriage, the other party may request the court to cancel the marriage. But does the "major disease" include depression? If one spouse conceals the condition of depression before marriage, can the court support the other party's lawsuit to cancel the marriage relationship? Recently, the People's Court of Bengshan District, Bengbu City, Anhui Province made a judgment of first instance in a case of application for dissolution of marriage, and rejected the plaintiff's claim. In 2016, Mr. Wang and Ms. Gao got acquainted and fell in love. The marriage ceremony was held in October 2018. The marriage registration was handled on December 7 of the same year. Both parties were remarried and did not have children together after marriage. Ms. Gao has suffered from mild depression since 2015, and has sought medical treatment for many times. Not long ago, Mr. Wang appealed to the court on the ground that Ms. Gao suffered from a serious disease before marriage, requesting the court to revoke the marriage relationship between the two parties and compensate her for 100,000 yuan of emotional damages. After hearing the case, the court held that, according to Article 1053 of the Civil Code, if one party suffers from a serious disease, it should truthfully inform the other party before marriage registration; If he fails to tell the truth, the other party may apply to the people's court for dissolution of the marriage. When one party claims to cancel the marriage, it is necessary to prove that the other party suffered from the disease before the marriage was concluded, that the disease is a serious disease, and that the other party failed to inform the truth before marriage. In this case, Ms. Gao suffered from mild depression before marriage. Mr. Wang believed that Ms. Gao had concealed her illness, but in the lawsuit, Mr. Wang had no evidence to prove that Ms. Gao had concealed her illness. Mr. Wang can only prove that Ms. Gao has suffered from mild depression since 2015, and later turned to moderate depression due to miscarriage. However, since Ms. Gao's disease does not reach the major disease category that requires limiting marriage, he does not support Mr. Wang's appeal for annulment of marriage. The application of Mr. Wang to order Ms. Gao to compensate her for 100000 yuan of emotional damages is not supported because there is no factual and legal basis. The judge said that in recent years, the number of mental diseases such as depression has been increasing, but not just suffering from such diseases is considered as a "major disease", which requires individual analysis of each case. In this case, on the one hand, Ms. Gao only suffered from mild depression and then turned to moderate depression, which did not reach the severity specified by law. After treatment, she did not affect her normal life, so she objectively did not belong to the category of major diseases; On the other hand, depression has certain external manifestations, such as persistent depression, irritability and irritability. Ms. Gao and Mr. Wang have been ill since they met and fell in love, and both parties registered their marriage two years later. As a man who gets along with the woman day and night, she should be perceptive. The judge reminded that if one party really suffers from a serious disease, he or she should tell the other party frankly and fulfill the obligation of informing before marriage. The civil code stipulates the time limit for dissolution of a marriage, which shall be proposed within one year from the date when the person knows or should know the cause for dissolution. When one party is ill during marriage, the other party should give more trust, care, understanding and tolerance, and constantly learn the connotation of love and responsibility in ordinary life to manage a happy future. (Outlook New Times)

Edit:sishi    Responsible editor:xingyong

Source:http://rmfyb.chinacourt.org/paper/html/

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