The woman's family conditions are not good, and the mother is a child of a wealthy family, and she forces her daughter to marry in order to receive a high bride price. The woman compromised and got married, but the two failed to establish a relationship for a year after marriage, let alone husband and wife. The woman was in agony and sued for annulment of the marriage.
(Case source: Supreme People's Court)
Zhou Ting (pseudonym) lives in the countryside, and since she was a child, she knew that the conditions at home were not good, her parents' hard work was only enough for the family to eat and drink, and there were few savings.
In the eyes of outsiders, Zhou Ting is really a very sensible and filial child, in order to reduce the burden on the family, Zhou Ting went out to work after graduating from junior high school, and all the money she earned was handed over to the family for safekeeping except for living expenses.
In a blink of an eye, Zhou Ting grew up, and Zhou Ting's mother was also worried about her daughter's marriage in her hometown.
The boy's family conditions are much better than the Zhou family, not only built a new house and bought a car, but also has a very rich income every year, and distant relatives also said that whoever marries their daughter in the future, they will give a large dowry.
Zhou Ting's mother was very interested in the bride price that her relatives said, so she found her relatives and told them about her daughter.
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So, Zhou Ting's mother sent a letter to her daughter, saying that she was old and asked her to go home on a blind date. Zhou Ting listened to her mother's words, returned home from other places, and met Xiaofu, the son of a distant relative.
However, the two did not spark love, Zhou Ting did not pay in love, and she didn't want to fall in love with him, marry him and have children.
But Zhou Ting's mother didn't say that it was good to pay anything and let her daughter marry him. Zhou Ting told her mother many times that she didn't like Xiaofu and didn't want to fall in love with him, but her mother didn't listen at all.
Zhou Ting had no choice but to escape, and went out to work again. However, it didn't take long for Zhou's mother to bring someone to find her, forcibly took Zhou Ting home, and locked her up.
Zhou cried and wiped his tears, and forced Zhou Ting to marry Xiaofu with death. Zhou Ting watched her mother crying pitifully, and was worried that she really couldn't think of finding a short-term view, so she had to comfort herself that she might establish a husband and wife relationship with Xiaofu after marriage. So, Zhou Ting agreed to marry Xiaofu with tears in her eyes.
Soon, under the arrangement of the family, Zhou Ting and Xiaofu received a marriage certificate. Xiaofu's family held a grand wedding and gave Zhou Ting's mother a large dowry.
However, after marriage, Zhou Ting and Xiaofu did not love after marriage as she thought, she and Xiaofu had nothing to say like strangers, and the two basically never lived alone, let alone had sex together.
Zhou Ting gradually understood that it was impossible between her and Xiaofu, and it was really too painful to live like this for the rest of her life, so she went back to her parents' house many times to propose to her mother, hoping to divorce Xiaofu.
But her mother resolutely refused, and scolded Zhou Ting many times, scolding to the point of intenseness, and the two even had a physical conflict.
In the end, Zhou Ting decided to make a decision for herself, and after consulting with professionals, she decided to sue to revoke the marriage between her and Xiaofu.
Why did Zhou Ting sue for annulment of marriage instead of asking for divorce?
First of all, it should be understood that there is a divorce record after divorce, but there is no annulment of marriage.
The Civil Code stipulates that an invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife.
Therefore, when a person's marriage is annulled, his marital status will change from married to single, rather than from married to divorced. This means that after Zhou Ting revokes her marriage, there will be no divorce record.
So, under what circumstances can a marriage be annulled?
Article 1052 of the Civil Code stipulates that if a marriage is entered into under duress, the coerced party may apply to the people's court for annulment of the marriage.
Article 1053 stipulates that if one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.
In both cases, the coerced or concealed party may file a petition for annulment, but it should be noted that the request for annulment must be made within one year from the date on which the grounds for annulment were known or ought to have been known.
After Zhou Ting applied for the annulment of the marriage relationship, after the trial, it was found that Zhou Ting's mother was forced to die at that time, and threatened Zhou Ting to cut off relations with Zhou Ting if she did not marry Xiaofu.
Zhou Ting's mother's behavior seriously interfered with Zhou Ting's judgment, causing her to register her marriage with Xiaofu against her will, and Zhou Ting was obviously coerced by her mother to marry, meeting the conditions for annulment of marriage in the Civil Code.
In the end, Zhou Ting's appeal was supported, and she revoked her marriage with Xiaofu as she wished.
This story is not fictional, but an example of the "Third Batch of Typical Civil Cases of People's Courts Vigorously Promoting the Core Socialist Values" released by the Supreme People's Court in March 2023.
In the end, some people said that Zhou Ting should listen to her mother, the man's family conditions are good, and he didn't force her to have a round house for a year, which shows that he is a reasonable person, and Zhou Ting may not be happy if he leaves.
What do you think about this case? #头条首发大赛##夏日生活打卡季##护苗有我2024#
