"Do you blame me for not having sex for two years of marriage?" It's not that you can't physically! "In Huangshi, Hubei Province, the two small families filed a divorce lawsuit in court. The man advocates that divorce is ok, but has never had a conjugal life after two years of marriage

"Do you blame me for not having sex for two years of marriage?" It's not that you can't physically! "In Huangshi, Hubei Province, the two small families filed a divorce lawsuit in court. The man argues that divorce is ok, but has never had a conjugal life for two years of marriage, and the dowry money must be returned; the woman argues that it is not that she does not share sex with the man, but that the man has a sexual dysfunction... (Source: Huangshi Intermediate People's Court)

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Yuan Mou (female) and Zheng Mou met in 2016 through an introduction and registered their marriage. On January 24 of the following year, the wedding was held according to agricultural customs. After marriage, the two parties did not establish a solid relationship between husband and wife, nor did they live together, and the two parties did not have children.

Since June 2018, Yuan has officially returned to his mother's home and refused to continue to live with Zheng as husband and wife. On June 5, 2019, Yuan filed a divorce lawsuit, after the court of first instance made a judgment not to allow divorce. Relations between the two sides have not improved, and have led to tensions between the two parties and their relatives. Yuan then sued the court again for divorce.

Zheng proposed that since he married Yuan, Yuan had always refused to live a conjugal life with himself. Now since Yuan has filed for divorce, Yuan needs to return the dowry and related expenses he paid.

According to the relevant provisions of the judicial interpretation, the circumstances in which the return of the dowry may be claimed generally include the following: 1. Where the parties have not gone through the marriage registration formalities: 2. The parties have gone through the marriage registration formalities but have not lived together: 3. The payment before marriage has caused the payer to have difficulties in living.

Although Yuan and Zheng have gone through marriage registration, if they do not live together, Zheng has the right to ask them to return the dowry. Therefore, one of the focuses of this case is whether Zheng and Yuan lived together after marriage registration. It is generally believed that living together is not only living together in the name of husband and wife, but more importantly, whether the two parties have a husband and wife.

Both Yuan and Zheng acknowledged that the two parties had not lived a conjugal life. Moreover, Zheng proposed that after Marrying him, Yuan did not let himself touch her at all, and every time he asked to have sex with him, Yuan refused his request for various reasons. He also said that Yuan Mou had cheated marriage for money.

Yuan explained that it was not that he refused to live as a husband and wife, but that Zheng had sexual dysfunction and had no way to do it himself. Therefore, Yuan believes that the two do not have a husband and wife life, which is not caused by their own reasons, so the bride price should not be returned.

Zheng mou does not agree with Yuan Mou's statement, obviously Yuan Mou has been rejecting himself, and now he slanders himself for not being able, Zheng Mou in order to refute Yuan Mou's statement, respectively submitted three hospital test reports, all about male reproductive fertility, the above test report data, all show that Zheng Mou reproductive health, reproductive fertility is normal.

With conclusive evidence, Yuan's statement is self-defeating. The court of first instance held that Yuan's reason for divorce was caused by Zheng's infertility and personality incompatibility, but Yuan had no evidence to prove the alleged facts, which were inconsistent with the ascertained facts.

Combined with the fact that both parties have reached the legal age of marriage when they enter into the marriage contract, and there are no related diseases affecting fertility in the bodies of both parties, so there is no age barrier or physical obstacle to living together and having children, it is comprehensively determined that Yuan Mou is actually unilaterally refusing to perform the obligations of husband and wife living together, and should be responsible for registering the marriage but not living together.

According to the relevant expenditure vouchers submitted by Zheng, the comprehensive determination of the dowry amount is 60,000 yuan. Although Zheng and Yuan completed the marriage registration and handled the wedding in accordance with local customs, they did not live as husband and wife, and Yuan should return the dowry.

At the same time, Yuan agreed to the marriage contract and completed the marriage registration procedures with Zheng after being introduced by someone, and Zheng also confirmed that Yuan lived in Zheng's house in advance and had actually fulfilled part of the obligations of public marriage and husband and wife. Although there is no conjugal life, it cannot be concluded that the two parties have not lived together at all.

Based on this, the court of first instance found that the relationship between Zheng and Yuan had indeed broken down, granted a divorce, and ordered Yuan to return the dowry of 50,000 yuan as appropriate.

Yuan appealed against the appeal, believing that although he did not have a husband and wife with Zheng, after all, he had been married and registered with Zheng for more than two years, and lived with Zheng for a year before moving back to his mother's house due to personality incompatibility and other reasons, and everyone around him knew that the two were husband and wife, and believed that the amount of the first instance request for the return of the 50,000 yuan dowry was too high.

The court of second instance held that although the two parties had been registered for marriage for two years, they only had nominal marital names, yuan unilaterally refused to perform the obligations of husband and wife, and soon after the marriage, the two parties worked in different places, gathering less and leaving more.

Although the current laws and judicial interpretations have not clearly stipulated and refined the specific time standards for husband and wife to live together, it does not mean that as long as they have lived together for a few days or one to two months, they can be considered to have lived together. Although Yuan and Zheng registered their marriage, the two parties lacked communication and tolerance, and failed to establish a deep and stable husband and wife relationship in a short period of time.

Moreover, Yuan refused to fulfill his marital obligations, worked outside the home for a long time and was separated from Zheng, and lacked the desire to live with him for a long time. Under such circumstances, the short cohabitation life after marriage is not suitable for being considered to be a husband and wife living together in the legal sense, so it is not improper for the court of first instance to order Yuan to return the dowry of 50,000 yuan. Yuan's appeal request was dismissed.