Written / Shi Jiaxiang
Editor / Yang Baolu
On July 27, at the Puchun County Court's Hengche Court, Chen Yan's lawyer exchanged evidence with her husband, Hu Hua's lawyer. This is the eighth time that Chen Yan has filed a lawsuit for divorce, and in this pre-trial meeting, the two sides sorted out the points of dispute, and the case will be heard again on August 6 in the third trial division of the Puchun County Court.
For Chen Yan, marriage is a siege that she cannot escape after rushing in. In the third month after marriage, her husband Hu Hua was diagnosed with mood disorders with psychotic symptoms and paranoid psychosis. She once wanted to be Hu Hua's savior, but gradually despaired in the repeated failed treatment and domestic violence.
From 2017 to 2020, Chen Yan filed seven lawsuits for divorce, but none of them were successful. In a recent appeal, the Intermediate People's Court of Huanggang City, Hubei Province, ruled that the wife should assume the responsibility of taking care of each other after her husband's illness, and although the evidence was presented to prove that there was a conflict between the two parties after marriage, it was not enough to prove that the relationship between the two husbands and wives had completely broken down, so the plaintiff's lawsuit was rejected.
Hu Hua wrote a letter of guarantee to Chen Yan
A marriage with hidden dangers in advance
On February 28, 2017, Chen Yan decided to end the marriage that had tormented her from the beginning.
Chen Yan, an accountant in Huangshi, Hubei Province, met through friends through a friend who worked as a driver for a local real estate boss. In Chen Yan's eyes, Hu Hua was tall and handsome, and treated people decently. Soon after, the two began dating.
During the contact, Chen Yan learned that Hu Hua had a "girlfriend" who had been talking for six years. But Hu Hua told Chen Yan that the reason he broke up with his ex-girlfriend was that the other party split his legs — perhaps because of this, Chen Yan noticed that Hu Hua was somewhat sensitive and always openly and secretly asked her about her relationship with friends of the opposite sex.
After living together, Chen Yan found that Hu Hua checked her mobile phone without moving. Sometimes when she went out with her friends, he would interrogate her step by step, detailing the daily itinerary, who she met, whether she was going out with the opposite sex, etc., and even suspected that Chen Yan and Hu Hua's cousin had an affair.
Chen Yan told reporters that as Hu Hua's suspicion of herself grew, her first reaction was that Hu Hua had depression and needed psychological counseling. After Chen Yan proposed this idea to him, Hu Hua actually cried out and said, "I have a psychological problem, you take me to the doctor." ”
In June 2015, Chen Yan took Hu Hua to a local psychiatric hospital in Huangshi for examination, and the results showed that Hu Hua had psychological disorders, depression, and delusions. This made Chen Yan unbelievable, "In the past, when I was in contact, I only thought that he was stingy and sensitive, and I never thought that he had mental illness." ”
After the diagnosis, Hu Hua stayed at home on the grounds of sick leave and monitored Chen Yan "full-time". Chen Yan told reporters that he cut the gall cloth in his backpack, stuffed the bugging device into it, and monitored every minute and second of her getting up in the morning to work at the unit, "There are monitors everywhere, and there are monitors hidden in the room, living room, and air conditioning cover, and I threw a dozen of them." In addition to this, he also stored prohibited items such as electric rods in his home.
Later, Chen Yan learned that these things were purchased by Hu Hua's overdraft credit card, and he even hired others to monitor her whereabouts at a price of 1,000 yuan a day online, "for three whole months, plus the purchase of prohibited items, seven or eight credit cards were overdrawn, and more than 200,000 yuan were owed." ”
In this regard, Hu Hua's younger brother explained that the prohibited items were hu Hua driving for the boss of the real estate company at that time, the boss faced debt problems, and often people came to collect debts, and he bought them for self-defense.
Chen Yan told reporters that on July 29, 2016, she was working in the company, and suddenly received Hu Hua's WeChat: "It's okay, my husband will accompany you down this paragraph, you can honestly explain it." "Not long after, the police suddenly came to the office and took her to the police station for a urine test. After Chen Yan finished her examination, she learned that hu Hua had reported to the police, claiming that Chen Yan's company was a drug cartel and that her work was prostitution.
Two days later, Chen Yan went to the local hospital for a physical examination. At the hospital, she asked the security guard if "the laboratory was on the second floor", at this time, the wiretap secretly placed in Chen Yan's bag transmitted the sentence to Hu Hua's ear, so he determined that Chen Yan and the security guard had an improper relationship.
Ten minutes later, Hu Hua rushed from his home to the hospital, rushed up in front of everyone and grabbed her neck, grabbed her hair and beat her violently. Afterwards, Hu Hua desperately apologized to her and wrote a letter of guarantee.
Chen Yan also couldn't tell why she finally chose to enter marriage. She told reporters that she was 31 years old at the time, there were only two people in the family, her mother and other relatives were in other places, and no one could give advice when faced with major choices. She naively thought that Hu Hua's illness could be cured, "Obtaining a certificate may give him a sense of security and soothe his sensitive nerves." It was not until she received the permit that she learned that Hu Hua's so-called "ex-girlfriend" was actually his ex-wife.
But by this time the two sides had been living together for more than a year, and she compromised. The marriage was officially registered in September 2016. After marriage, Hu Hua's condition did not improve much. In December 2016, Chen Yan took a month's leave from the company and took Hu Hua to Wuhan Provincial People's Hospital for hospitalization, and Hu Hua was diagnosed with mood disorders with psychotic symptoms and paranoid psychosis.
Chen Yan told reporters that when he first started treatment, Hu Hua spent most of his day sleeping, but after a week, he relapsed, demanding that Chen Yan could not leave him for half a step, nor did he let Chen Yan go to local relatives. He also escaped twice on the way to treatment, saying that he was not sick and wanted to be discharged from the hospital, and Chen Yan had to handle the discharge procedures for him.
Chen Yan said that in February 2017, Hu Hua again committed domestic violence against her. One night, she went to the second bedroom alone to rest and locked the door. Not long after lying down, Hu Hua pried open the lock three times and five times, rushed in and grabbed Chen Yan's neck, "Knock me off the bed to the ground." Chen Yan said. She tried to stop Hu Hua, but was beaten by the other party and was unable to fight back. The next morning, Hu Hua left the house with his suitcase and took 500 yuan in cash from the table, and soon Chen Yan found that her credit card had been stolen and swiped 29,000 yuan.
This was the last straw that overwhelmed Chen Yan, and she decided to divorce.
The Huanggang Intermediate People's Court rejected the appeal on the grounds that it could not prove that the couple's feelings were broken
The psychiatric evaluation was refused, and the first four lawsuits were reluctantly suspended
From February 28, 2017 to December 10, 2020, Chen Yan filed divorce proceedings seven times.
Before the lawsuit, Chen Yan had gone to Hu Hua's house to negotiate a divorce. She told reporters that at that time, Hu Hua's mother proposed that divorce was OK, but the two sides wanted to share the 120,000 yuan of credit card arrears, Chen Yan agreed to this request, but when she urged Hu Hua to go through the formalities at the Civil Affairs Bureau, and then pooled money to pay off the arrears, the other party began to deliberately avoid.
On March 7, 2018, Chen Yan's mother, together with Chen Yan's uncle and aunt, came to Hu Hua's house again to negotiate a divorce. At first, the two sides were able to remain polite, but when it came to the issue of money, the atmosphere suddenly became tense. In an audio recording provided by Lawyer Chen Yan, Hu Hua's mother proposed, "Pay back the 120,000 yuan owed by my son's credit card, and add another 20,000 yuan, and we will divorce the marriage." Chen Yan's mother said that she could only give 50,000 yuan at most, and the other party resolutely refused to give in. At this point, the possibility of divorce agreed by the two parties is completely blocked.
In the subsequent court mediation, the two parties became more and more divided over property, especially property.
Chen Yan told reporters that the down payment of 140,000 yuan for the house was paid by her own savings, and the subsequent decoration and loan were repaid by her with the provident fund.
Hu Hua's younger brother denied Chen Yan's claims. He told reporters that the house purchased by the two sides is an employee welfare house specially provided by Hu Hua's boss, with a market price of 4300 yuan per square meter and an employee price of 3600 yuan per square meter. In order to make up the down payment, Hu Hua had borrowed 10,000 from him, 12,000 from his sister, and 40,000 from the boss, and then the decoration costs, Hu Hua also borrowed 20,000 from the boss. After Hu Hua left home, Chen Yan sold the property for 480,000 yuan in October 2017 without informing Hu Hua's family.
After that, the reporter asked Chen Yan where the money went, and Chen Yan said that the money was used to pay off the provident fund, debts and hire a lawyer, and the specific amount of each purpose was inconvenient to disclose.
Chen Yan's lawyer Zhang Wei told a reporter that if the woman's family conditions are favorable, then part of the medical expenses can be compensated for by the man, but the woman's family is also very difficult, at present, Chen Yan and her mother live together in the mother's house, the house was built in the 1970s and 1980s, more than 50 square meters of two rooms and zero halls, the living environment is very poor, the toilet is still public.
For the disputed property, Zhang Wei showed relevant evidence to the Shenzhen reporter, including the down payment of the house and the expenditure details of the decoration costs. "According to the custom, if it is a house purchased by two parties, it is not normal to write only the name of the woman." Zhang Wei said.
"Chen Yan had a housing provident fund, at that time their feelings were not broken, whose name can be written, Chen Yan left a heart eye, said to write her name." Regarding Zhang Wei's statement, Hu Hua's younger brother retorted.
In the first four lawsuits, the defendant had no choice but to withdraw or suspend the trial because the defendant refused to accept the psychiatric evaluation. In desperation, the lawyer made a request to identify the person without capacity for civil conduct, and after communicating with the judge and providing Hu Hua's medical certificates and medical records, the judge and the lawyer went to the defendant's home together to visit and make a record.
That was the first time Zhang Wei saw Hu Hua himself. He told reporters that when he and the judge went to Hu Hua's house, Hu Hua was lying on the bed smoking a cigarette, and there were only two people in the family, he and his mother, living in a three-story rural self-built rough house. After that home visit, Hu Hua was identified as a person without capacity for civil conduct, and the court appointed his mother to represent the defendant in court, and the case was able to move forward again.
New evidence added by Hu Hua's side
The obligation of conjugal support requires that it be only within marriage
On July 27, 2021, the two sides held a pre-trial meeting at the Yokoche Court of the Puchun County Court. Zhang Wei told reporters that the evidence given by Hu Huafang at the pre-trial meeting included: a testimony written by a decoration worker, saying that the decoration cost of the house was paid by Hu Hua, and that more than 6,000 yuan was currently owed, but the witness did not provide an IOU or a contract agreement; a personal statement from the owner of the company, saying that Hu Hua had borrowed 40,000 yuan from him for the purchase of a house - and the statement also had neither an IOU nor a transfer certificate; an EXCEL printed decoration list, nor the seal of the relevant unit. When the judge asked the defendant if he needed to apply for witnesses to appear in court, Hu Hua's lawyer said neither witness would appear in court.
Hu Hua's younger brother told reporters that the decoration workers belong to the same community as him, which belongs to private decoration, so there are no business vouchers and IOUs; the loan is paid in cash, so there is no transfer voucher; and Hu Hua's previous company has collapsed, and the IOUs are in a state of loss.
According to the contact information provided by Hu Hua's brother, the reporter called Hu Hua's former boss, who said that he had indeed provided welfare housing for Hu Hua, and had borrowed more than 60,000 yuan from him before and after, and Hu Hua had not yet paid it off.
Hu Hua's brother said that their current demand is that the woman need to pay off the debt of 140,000 yuan, the balance of 6,000 yuan for decoration and the 40,000 yuan that Hu Hua borrowed from the boss, and provide Hu Hua with an appropriate amount of living expenses.
According to Liu Hui, a marriage and family lawyer in Beijing, article 1059 of the Marriage Law stipulates that both husband and wife have the obligation to support each other, but this requirement is limited to marriage. "Our country does not have the theory of post-marital alimony, so when divorcing, the woman is required to make compensation and fulfill the obligation of maintenance and support, and the woman can refuse. The man should be the direct guardian of the man and has little to do with the woman. ”
In the divorce case that Liu Hui has accepted, the first time that divorce has not been awarded, it may be that one of the parties has an ambiguous attitude and there is no sufficient evidence to prove that the other party has a problem, but the second time continues to appeal, basically the court will grant the divorce.
According to Article 1079 of the Marriage Law, the breakdown of feelings shall include the following five articles: (1) bigamy or cohabitation with others; (2) domestic violence or abuse or abandonment of family members; (3) repeated teachings such as gambling and drug addiction; (4) separation for two years due to emotional discord; (5) other circumstances that lead to the breakdown of the husband's and wife's feelings.
Liu Hui believes that in this lawsuit, the defendant committed domestic violence against the plaintiff, and because of emotional discord and separation for two years, divorce should be granted according to the law. "In divorce cases, the judge has a lot of discretion. However, after the second lawsuit was filed, the court still upheld the original judgment, which is very rare. Liu Hui said.
The law also stipulates that divorce can be obtained in the case of a long-term illness of the spouse, and the other party's medical treatment and life need to be arranged when divorcing, but only in the case of the spouse getting sick after marriage. In this case, the man had been diagnosed with mental illness before marriage, in which case the man's guardian should be responsible for his basic life.
"If he falls ill before marriage, his guardian is his parent and should not tie the responsibility to his spouse." Liu Hui said.
Liu Hui believes that in this case, the court can contact the neighborhood committee or the civil affairs department, and if the man poses a threat to society, cannot live independently, and has violent tendencies, he can be sent to a mental hospital.
It is reported that the pre-trial meeting has still not resolved the contradictions between the two sides, and the case will be heard again in the Puchun County Court on August 6.
(In order to protect the privacy of the parties, Hu Hua and Chen Yan are pseudonyms in the text)
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