Today (December 28), the case of "three children who have been married for 16 years are not biological" that has attracted much public attention was heard in the Dexing City Court of Shangrao, Jiangxi.
This day is also the wedding anniversary of Mr. Chen and his wife: 16 years ago, on December 28, he and Yu got married.
Orange Persimmon Interactive learned from people familiar with the matter that in this trial, Mr. Chen and his lawyer prepared hundreds of pieces of evidence to sue for divorce disputes and personality rights disputes with Yu. In addition, it involves child custody, 16 years of child support, and compensation for moral damages.
Lawyer Yang Anming said that in addition to advocating for a divorce between the two parties, he also demanded that Yu pay moral damages, 100,000 yuan for each child.
Today, according to the Dexing Court: On December 28, 2023, the first instance of the divorce dispute case between the plaintiff Chen and the defendant Yu was opened. Because the case involves personal privacy, in accordance with article 137 of the Civil Procedure Law of the People's Republic of China, the court adopts the method of holding a closed court hearing.
During the trial of the case, the court fully protected the procedural rights of the parties in accordance with the law.
On November 25, before the trial, Mr. Chen came to Hangzhou and met Mi Li's mother, the party who fell from the building. Her child was locked in the house by the nanny, and the child fell from the 23rd floor and unfortunately fell to his death.
Mr. Chen said, "We are all people who encounter big things in life, and we are not people who hide in corners and lick their wounds.
"I hope that what happened to us can give the society a little wake-up call, and if we fight, the light will shine on you one day......"
TV series don't dare to act like this!
After 16 years of marriage, none of the three children are biological
Before the trial, Mr. Chen spoke out to the outside world, which aroused attention and heated discussions from the outside world, "TV dramas dare not act like this!"
December 28, 2007 was the day my wife and I received our certificates, and I felt like I was the happiest person in the world.
Now, 16 years later, none of my three children are mine, I take my wife to court, and I am the most laughed "clown" in the world.
When I found out that the third child is not mine. I asked her about her first two children, and she said no need to check, those two are not yours either.
Orange Persimmon Interactive sorted out Mr. Chen's experience——
In March 2022, Mr. Chen, who works outside all the year round, accidentally discovered that his wife Yu was cheating. He has conducted medical evaluations on his three daughters, and the results show that they are not his own.
On April 26, 2022, when Mr. Chen came to the door to reason with his mother-in-law, the old man fell and the other party called the police for intentional injury. Mr. Chen was later released on bail pending trial, and the procuratorate ultimately decided not to prosecute.
In the early morning of May 28, 2022, his wife Yu took someone to Mr. Chen's house and used mosquito coils to detonate 36 firecrackers, and Mr. Chen reported the case. The wife was detained for 8 days and the third party was detained for 10 days.
In August this year, Mr. Chen appointed a lawyer to file a lawsuit against his wife and a "third party". He even hopes that the police will open a case for investigation and investigate the responsibility of the wife for bigamy with a third party.
Regarding his wife's cheating, Mr. Chen said, "Once, she told me that she was going to take the child to bed, and it was only seven o'clock, which was very abnormal, so I checked the surveillance and found that she didn't come home at all." ”
Through other means, Mr. Chen found his wife in a hotel in Quzhou, Zhejiang.
When Yu was doing a project with Wu, who was suspected of being a third party, he drove Wu's car several times. Mr. Chen saw the car in front of the hotel.
He squatted and found that Yu and Wu walked from the hotel elevator to the front desk and returned a room card.
Mr. Chan began to suspect that the child was not biological, and a paternity test was done, which showed that none of the children were his.
"I was devastated, severely depressed, usually only two hours downstairs 24 hours a day, most of the time in the room without going out, and every night I had to drink to sleep.
"Cheating for 16 years, wasting a man almost the best of his youth, who wants to accept this fact. ”
The house in the male protagonist's house was blown up by firecrackers
After meeting with the lawyer, the car was strangely manipulated
After discovering that none of the children were biological, Mr. Chen revealed his experience to the media.
His wife Yu responded in an interview -
"The child has called this dad for more than ten years, he can do this kind of thing, what does he have to do with the beast? I don't think I'm cheating, I don't think I'm cheating, blood relationship is so important. ”
Mr. Chen was angry about his wife's statement, "She not only ruined my family, but also challenged the bottom line of the moral outlook of the entire society and subverted people's perception of the three views." ”
In the early morning of May 28, 2022, his wife Yu and Wu came to Mr. Chen's house, placed firecrackers, and used mosquito coils as a delay to detonate.
Mr. Chen's parents were frightened, and Chen's father, who was nearly 80 years old, was hospitalized and suffered from heart problems and depression.
Chen's mother said, "I'm going to go to the toilet at 12 o'clock, and when I step on it, it will bang and it will sound when I step on it, and the double glazing will blow up here, and I will be blown up a little later." ”
The local police made an administrative punishment decision against Yu and Wu——
It is now ascertained that at about 00:30 on May 28, 2022, at the site of the roadside self-built house of the Huaqiao Infrastructure Construction Team in Dexing City, after you (Yu) and Wu were found to have an improper relationship between men and women, in order to retaliate against Chen, you and Wu used two 36-ring flash buds (thunder) to place them at the door of Chen Zhixian's residential threshold, and used a cupola fireworks to be placed on the bathroom window at the back of the residence, and used the method of lighting mosquito coils to delay the detonation, causing damage to the bathroom window of the residence. The window glass in the living room was defaced, and the value of the loss was determined by the price of the Dexing Development and Reform Service Center, and the value of the loss was 582.92 yuan.
In accordance with Article 49 of the "Law of the People's Republic of China on Public Security Administration Punishments", it is hereby decided to punish Yu X for eight days of administrative detention.
In August this year, Yang Anming, a lawyer in Beijing, accepted Mr. Chen's commission to intervene in the case.
"We met with Mr. Chen and his parents to learn about the case and review the evidence.
"After careful consideration, I believe that society needs positive energy, and we have decided to accept Mr. Chen's entrustment as his lawyer to handle his case with full authority.
We will also do our best to protect Mr. Chen's legitimate rights and interests, and everyone will wait and see. ”
After meeting with Lawyer Yang, Mr. Chen encountered another strange incident-
On August 7, when I went home after meeting with Lawyer Yang, I found that the car was leaking oil, and I suspected that the car had been tampered with, so I called the police, believing that my uncle would find out the truth and restore the facts
There are no scratches on the chassis of the car, how can the oil pipe joint from the gasoline filter to the fuel tank be loosened?
16 years of savings were emptied
I want to make up for my family by working hard
Orange Persimmon Interactive noticed that some media interviewed Yu's mother, and Yu said that Mr. Chen had domestic violence against his daughter, and the Chen family disliked the child as a daughter's behavior.
In response, Mr. Chen said, "Yu and I met in 2007 and got married on December 28, 2007, but she was pregnant before we got married. ”
The eldest was born on August 9, 2008.
The second child was born on March 30, 2011.
The third child was born on October 8, 2018.
"None of the three children are mine, and they are not related to me by blood. ”
"I've never done anything to her, and I'm not even willing to scold him. In 16 years, all my income was handed over to Yu for safekeeping, and you said I would beat her?"
Mr. Chan claimed that he had been deceived about his feelings for 16 years.
In the past 16 years, he has been working outside all the year round, and almost all his income has been handed over to Yu for safekeeping.
"I always thought that she spent the money on her parents personally, but I didn't expect that when I transferred the money to her, she transferred the money to Wu (mistress).
"I just want this family to live better, no matter how hard and tired it is, I think it's worth it. ”
A few years ago, the Chen family built a house, but they didn't have a single deposit. Mr. Chen said that all the money was borrowed from relatives and friends, and he owed 200,000 yuan.
There are a lot of netizens in the live broadcast room who want to donate to help him, but he doesn't want this and wants to do it through his own efforts.
"I am still spending my parents' pension, and I also want to supplement my family through my own efforts, and bring goods in the live broadcast room to maintain my life. ”
A few days ago, Mr. Chen discovered that his mother was secretly sorting out the clothes and toys of his three granddaughters.
He said, "The misunderstanding of the granddaughters made my mother sad. She wanted her to bring up three granddaughters, none of whom were related by blood.
"Every day, the atmosphere at home is colder than the climate outside, and family affection is broken. In the end, my parents were the ones who hurt the most.
"I also want to work hard after the case is over, and give them a good pension. ”
On December 28, the case was opened, and Mr. Chen said: I hope that this time his wife will respect the law and bravely come to court......
Mr. Chen also broke the news that in November last year, Yu gave birth to a fourth child. And when she was pregnant with the child and gave birth, he was being released on bail pending trial.
At today's trial, he and his lawyer submitted new evidence in court.
Who is the biological father of the four children? Mr. Chan said he is still confused.
But he said, "The children are innocent, and I hope everyone will not attack the children......
Three child support, alimony return, moral compensation
Lawyer's explanation......
The case of "16 years of marriage and 3 babies who are not biological" opened today, including divorce disputes and personality rights disputes.
Can Chen's claim be upheld? What possible legal liabilities will Yu bear? Does the "third party" who destroys the marriage need to bear legal responsibility, and what are the possible legal liabilities?
Li Dingsheng of Zhejiang Westlake Law Firm pointed out that the law is the minimum morality, the bottom line of the law cannot be broken, and behaviors that violate social order, good customs and moral customs should be condemned.
From the content disclosed so far, Chen's litigation claims mainly involve four aspects: first, to judge the divorce, second, to return the alimony, third, the custody of the child belongs to the woman, and fourth, compensation for moral damages.
Will the court order a divorce between the two?
In mainland judicial practice, the condition for a court to grant a divorce is that the relationship between the husband and wife has indeed broken down.
Article 1079 of the Civil Code mainly stipulates that the circumstances in which the relationship between husband and wife has broken down are mainly stipulated: the people's court shall conduct mediation when hearing divorce cases; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug addiction, or other bad Xi that has not been changed; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Article 1043 of the Civil Code of the People's Republic of China also stipulates that husband and wife shall be faithful, respect and care for each other.
Lawyer Li Dingsheng believes that Yu's cheating in marriage and having three children with him, all of whom are not biological, obviously violated the duty of loyalty between husband and wife, and also violated social order and good customs, and his concealment and fraud of Chen to raise other people's children for more than ten years is a betrayal of the family, and also caused a devastating blow to the relationship between husband and wife and marriage.
Not only that, Yu also conspired with a "third party" to retaliate against Chen, and even demanded that Chen's criminal responsibility be investigated in an extenuating friction dispute between Chen and his mother, as well as Chen's choice to publicly defend his rights, all of which show that the relationship between the two has indeed broken down, and the two meet the legal conditions for divorce.
Whether or not you can claim a refund of child support
It is a matter of course for parents to raise their children, and this is also a basic obligation of parents under the law.
However, in addition to the children raised by parents in accordance with the law or the formation of an adoptive child or stepchild relationship, the obligation to support children conferred by law refers to the maintenance of biological children.
In the 16 years since the two were married, Yu had three children together, all of whom were born at different times, and none of them were Chen's biological children, which can prove that Yu knew that the child was born to him and others, but still concealed the fact and deceived Chen to raise the child.
Lawyer Li Dingsheng believes that Chen can rely on Article 148 of the Civil Code: "If one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it." ”
To request Yu to return the child support, the specific amount of the child support to be returned needs Chen to provide evidence, if the evidence is not possible, I believe the court will also consider a reasonable figure as appropriate.
Ownership of child custody
In practice, this issue is more complicated, and it is necessary to consider the wishes of the child and the parents, and make a judgment based on the principle that is conducive to the healthy growth of the child.
Now that Chen has suffered such a blow, the child is also indifferent to him, and advocates that the custody of the three children belongs to the woman, and the appeal is reasonable.
I hope that Yu and the biological father of the child can stand up, take responsibility, and shoulder the burden of raising and educating their children.
Whether Chen can claim compensation for moral damages
Article 1091 of the Civil Code stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.
Yu did not comply with the duty of loyalty, cheated in marriage, and gave birth to three children with others, which made Chen bear the psychological pressure of unwilling payment and social evaluation by outsiders, which has caused Chen to suffer serious consequences such as depression and insomnia, and is the party at fault in the marriage, and Chen can claim compensation for mental damages.
In judicial practice, the amount of compensation for moral damages in divorce generally does not exceed 50,000 yuan. In this incident, the woman's behavior broke through the moral bottom line, undermined public order and good customs, and had a bad impact, and it is expected that the court can increase the amount of moral damages.
In the personality rights dispute, Chen sued a "third party", and Chen's specific litigation claims are not clear for the time being. Judging from the cause of action, Chen filed a civil lawsuit based on personality rights.
Article 990 of the Civil Code stipulates that personality rights are the rights to life, body, health, name, name, portrait, reputation, honor, privacy and other rights enjoyed by civil subjects.
In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.
Article 1001 stipulates that the protection of the identity rights of natural persons arising from marriage and family relations shall be governed by the relevant provisions of Parts 1 and 5 of this Law and other laws; Where there are no provisions, the relevant provisions on the protection of personality rights in this Part may be applied by reference on the basis of their nature.
Article 995 of the Civil Code stipulates that where personality rights are infringed, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The "third party" intervened in Chen's marriage, infringing on Chen's right to identity and personal dignity obtained based on the marital relationship, and should bear corresponding civil liability.
On the issue of whether Yu and the third party are suspected of criminal liability
Some netizens raised whether Yu had three daughters with him in marriage, does it constitute the crime of bigamy?
Some netizens also raised that Chen said that he had been handing over his income to Yu for so many years, and he always thought that she had spent the money on her parents in person, but Yu transferred the money to Wu (her lover), does this constitute a crime of fraud?
Lawyer Li Dingsheng pointed out that the mainland implements the principle of statutory crimes, and the pursuit of criminal responsibility must strictly comply with the constitutive elements stipulated in the Criminal Law.
The crime of bigamy refers to the crime of marrying another person when there is a legal spouse or marrying another person knowing that he or she has a spouse.
Generally, it includes obtaining a marriage certificate with another person, setting up a wedding banquet although not obtaining a marriage certificate, or living together in the name of husband and wife.
However, the existence of these circumstances requires the collection of evidence to substantiate, otherwise it can only be handled as an extramarital affair and is not suspected of a criminal offense.
Lawyer Li Dingsheng believes that the crime of fraud requires the perpetrator to conceal facts or fabricate the truth, so that the victim can deliver the property based on a misunderstanding.
Because the two are husband and wife in a marital relationship, and their income is the joint property of the husband and wife, whether Yu has committed fraud, Yu's handling of Chen's delivery of income, and whether there is any transfer, concealment, or embezzlement of property, need to be further ascertained.
Even if it is true, it is generally handled as a civil dispute in practice, and Chen can claim an appropriate share of the joint property of the husband and wife.