Ms. Chow and Mr. Wong met at work in July 2020 and quickly established a relationship. After three years of getting along, they were in a stable relationship with each other, and they chose to register their marriage on Valentine's Day, February 14, 2024, and underwent a premarital medical examination. However, after the medical examination report came out, Mr. Huang was diagnosed with hepatitis B. Ms Chow could not accept this fact and believed that Mr. Wong had deliberately concealed his history of hepatitis B. "Mr. Huang deliberately concealed his history of hepatitis B in order to obtain the certificate." She firmly accused Mr Wong and sued for annulment of the marriage on this ground.
However, Mr Wong insisted that he had a deep affection for Ms Chow and did not know that he had hepatitis B before the marriage test. "I have had a medical check-up every year and I have never been diagnosed with any diseases." Feeling wronged, he stressed that he had not deliberately concealed any of his illness. He explains, "I didn't know I had hepatitis B before the marriage test. However, the quarrel between the two parties escalated the conflict, and finally, less than a month after receiving the certificate, Ms. Zhou took Mr. Huang to court, demanding that the marriage be annulled on the grounds that he had concealed a serious illness before marriage.
After accepting the case, the Fangshan District People's Court conducted a detailed trial on whether Mr. Huang's hepatitis B was a major illness that could be voided under the law. According to the Maternal and Infant Health Care Act, premarital medical examinations should cover three categories: serious hereditary diseases, designated infectious diseases and related mental illnesses. "Severe hereditary diseases refer to diseases in which the patient has lost all or part of the ability to live independently due to genetic factors, and the risk of recurrence is high." Designated infectious diseases include HIV/AIDS, gonorrhea, syphilis, etc. The related mental illnesses include schizophrenia, manic-depressive psychosis, etc.
After the trial, the court held that "hepatitis B does not belong to the three categories of serious hereditary diseases, designated infectious diseases and related mental illnesses, and has not seriously affected Mr. Huang's normal work and life." "Therefore, the court found that Mr. Huang did not conceal a serious illness before marriage, and Ms. Zhou's claim lacked legal and factual basis, and finally rejected her request." Mr. Huang's hepatitis B does not belong to the three categories of diseases stipulated by law and does not constitute a major disease under the Civil Code. ** This was stated in the court's judgment. After the verdict was pronounced, neither party appealed.
According to the relevant provisions of the Civil Code of the People's Republic of China, if one party suffers from a serious illness, he or she should truthfully inform the other party before the marriage is registered, otherwise the other party may apply to the court for annulment of the marriage. However, the Civil Code does not specify which diseases fall under the category of critical illnesses. In this context, the Maternal and Infant Health Care Act provides an important basis for determining the concealment of a serious illness before marriage.
"Serious hereditary diseases, designated infectious diseases and related mental illnesses fall under the category of major diseases." The judge noted. However, Mr Wong's hepatitis B was not included in this range and did not have a significant adverse effect on marital life. Therefore, the court held that she had not concealed a serious illness and dismissed Ms. Zhou's claim.
"Concealing a major illness before marriage is a deceptive act that violates the other party's right to know." The judge emphasized that the principle of good faith in marriage requires both parties to be honest with each other before marriage. "Concealing a major illness is not only a form of deception, but also an irresponsible marriage." Therefore, even if you suffer from a serious illness before marriage, you should truthfully inform the other party in order to maintain the principle of good faith and ensure the stability of the marriage.
The judgment in this case not only had a direct impact on Ms Chow and Mr Wong, but also provided important lessons for others. Marriage is a contractual relationship based on the trust of both parties, and loyalty and responsibility are its cornerstones. "Concealing a major illness not only violates the other party's right to know, but also irresponsible for the marriage." The judge noted in the verdict:
Mr. Wong defended in court that he did not deliberately conceal his history of hepatitis B and that he did not know about his condition in advance. Although hepatitis B does not fall under the category of serious hereditary diseases, designated infectious diseases or related mental illnesses, this does not mean that it has no impact on marital life. Ms. Zhou expressed concern in court that hepatitis B could affect the health of her offspring. Therefore, truthfully informing the health status before the marriage registration is not only responsible for both parties, but also respectful of the marriage itself.
Different countries and cultures have different attitudes towards concealment of premarital illness. In some European and American countries, premarital medical examinations are not mandatory, but couples usually communicate openly about their health conditions before marriage. In China, premarital check-ups are a common practice, "premarital check-ups can not only detect health problems in advance, but also enhance understanding between couples." Wang Li, a marriage and family counselor at Peking Union Medical College Hospital, said.
In Indian culture, concealing a major illness before marriage is also considered disrespectful to marriage. In the traditional Hindu view, marriage is a sacred union that requires both partners to be honest with each other before marriage. According to the National Family Health Survey (NFHS), more than 80% of Indian couples believe that truthful disclosure of critical illnesses before marriage is a basic respect for their partner.
Despite cultural differences, attitudes towards concealment of premarital illnesses are largely consistent across countries. "Open communication is always the key to a stable marriage." Kevin Morrison, a professor of marriage psychology at Johns Hopkins University, said. Regardless of the country or culture, being honest about a serious illness before marriage is a better way to preserve the relationship.
Advances in modern medicine have made it possible to effectively manage many major diseases. In the treatment of hepatitis B, the use of antiviral drugs significantly reduces its transmissibility and long-term health effects. "Hepatitis B is no longer an obstacle to marriage." Li Qiang, a hepatologist at the General Hospital of the Chinese People's Liberation Army, said. With medication and health management, people with hepatitis B can live and work like normal people.
"Informing about a critical illness before marriage not only allows both parties to face future challenges together, but also ensures that medical measures are taken in a timely manner." Wang Shan, an obstetrician and gynecologist at Peking University Health Science Center, said. For example, for people infected with hepatitis B, mother-to-child blocking measures can be effective in preventing transmission of the virus to the next generation. "A premarital check-up can help couples understand each other's health in advance and make a reasonable marriage plan with the advice of medical experts," she said. ”
Therefore, being honest about a critical illness before marriage can not only avoid future conflicts and disputes, but also enhance trust between the parties.
The marriage relationship is based on trust and responsibility, and both parties should be honest with each other in good faith. Regardless of whether the illness falls under the category of critical illness under the law, concealing the illness poses a potential risk to the marriage. It is hoped that this case will attract more people's attention, so that everyone can fulfill the obligation to tell the truth before entering the marriage hall, and build a solid foundation of trust for each other.