Concealing mental illness before marriage, can marriage be revoked? Recently, the People's Court of Luchuan County, Guangxi Zhuang Autonomous Region, heard a marriage dispute case, and decided to revoke the marriage relationship between Luo and Huang, and ordered Huang and Huang's parents to jointly return the lottery money of 76800 yuan to Luo. The plaintiff Luo and the defendant Huang met and fell in love in June 2020. On July 3, 2020, the two parties went through the formalities of marriage registration, and Luo gave Huang and his parents a total of 76800 yuan as wedding dowry. About a week after marriage, Huang ran away from home. Luo searched for Huang for many times without success. Until January 2021, Luo learned from Huang's parents that Huang had suffered from serious mental illness before marriage. In July 2022, Mr. Luo sued Mr. Huang to the court on the ground that Mr. Huang was suffering from serious mental illness, which made it impossible for both parties to live together. He requested the court to revoke his marriage relationship with Mr. Huang, and asked Mr. Huang and his parents to return a total of 76800 yuan of lottery money. After hearing the case, the court held that according to the facts found out, Mr. Huang had suffered from serious mental illness before marriage and did not truthfully inform Mr. Luo before and after marriage registration, resulting in the inability of both parties to live together after marriage. The court ruled in accordance with the law to revoke the marriage relationship between Luo and Huang, and ordered Huang and Huang's parents to jointly return the bride price of 76800 yuan to Luo. The judge said that Article 1053 of the Civil Code of the People's Republic of China stipulates that if one party suffers from a serious disease, it shall 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. A request for dissolution of a marriage shall be made within one year from the date on which the person knew or should have known the cause for dissolution. Article 1054 of the Civil Code of the People's Republic of China stipulates that an invalid or dissolved marriage is not legally binding from the beginning, and the parties have no rights and obligations of husband and wife. The property acquired during the period of cohabitation shall be disposed of by the parties through agreement; If the agreement fails, the people's court shall make a judgment in accordance with the principle of caring for the innocent party. The party without fault has the right to claim damages. In this case, the court decided to revoke the marriage relationship between Luo and Huang because Huang intentionally concealed the fact that he suffered from serious mental illness before marriage. The marriage relationship was canceled due to Huang's fault, so the court ruled that Huang and his parents should return the bride price together. (Liu Xinshe)
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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