“This marriage in name only is dragging on and affecting my life. I just want a normal family and to live a normal life. “Ms. Chen of Huangshi, Hubei province, could not stand her husband Hu’s unwarranted suspicion and violent beatings, and she sued for divorce eight times in four years, but none of them was supported by the court.
According to Ms. Chen, on Sept. 20, 2016, Chen and Hu registered their marriage, and three months after the marriage, her husband Hu was diagnosed with “mood disorder with psychotic symptoms” and “paranoia” at Wuhan University People’s Hospital. The husband was diagnosed with “psychotic disorder with psychotic symptoms” and “paranoid psychosis” at Wuhan University People’s Hospital, and then admitted to Herbstown Kangning Hospital for inpatient treatment. Ms. Chen introduced, Hu Mou this admission, not only the condition did not ease, the late also more and more serious, “do things speak more and more outrageous, extreme. “In view of this, Ms. Chen proposed to Hu a divorce.
The documentary evidence provided by Ms. Chen shows that she sued for divorce for the first time in February 2017, to the 8th time in August 2020, before and after the intervention of three district courts in Huangshi, Xinzhou and Huanggang. First, the Huangshigang District Court asked Ms. Chen to withdraw the case on the grounds that Hu refused to cooperate with a psychiatric evaluation and the case could not be heard. Then it was the Xinzhou District Court that Hu was a civilly incompetent person and did not award a divorce and appointed Hu’s mother as her guardian. Finally, it was the Huanggang Central Court that did not grant Ms. Chen and her husband a divorce on the grounds that their relationship had not broken down.
For Ms. Chen’s divorce request, her husband Hu’s brother said that the main reason why they do not agree to divorce, mainly because Ms. Chen did not fulfill her responsibilities as a wife during the marriage, never cared about her husband’s condition, and behind her husband’s back, they sold their common property for their own use, which makes them indignant.
At present, the two sides still have not reached a consensus on the matter.
In response to this case, Xiao Zhiqiang, director of Liaoning Jing Yu Law Firm, believes that according to the relevant provisions of the Civil Code’s Marriage Chapter, the legal standard for measuring whether the conditions for divorce are in place is whether the couple’s feelings have broken down. In trial practice, if a person has a history of mental illness before marriage and deliberately conceals it, and after marriage, one of the parties is found to have mental illness, and it is not cured for a long time, this can be used as a factor to measure the rupture of relationship. If the disease is after marriage, then the couple has the obligation to support each other, and can not claim the rupture of feelings for divorce on the grounds of illness, this behavior is not in line with the principles and spirit of the Civil Code of the marriage chapter, so Hu before marriage or after marriage disease, belong to the judicial authorities to determine the key point.
Conversation with Ms. Chen
 Now I have no opinion about him, only hope to dissolve the marriage
Reporter: sued for divorce 8 times, why has not been successful?
Ms. Chen: Some economic problems are more complicated, so I am now, frankly speaking, quite broken mentally. He is mentally ill and has not stopped mentally torturing me, affecting my normal life, and I have suffered two beatings. What does it take for a relationship like this to break up? Now I have no opinion about him, I just hope that the marriage can be dissolved.
Reporter: How long have you been out of touch?
Ms. Chen: Since he left home in February 2017, there has been no contact. At that time, he cleared his clothes and trolley case from home, without even saying hello, stole my credit card and cash from my wallet, and left. Until now, in order to do the divorce agreement, we went to his home together to meet once.
Reporter: What is the main manifestation of his disease?
Ms. Chen: As long as I have any of the opposite sex around, he will be suspicious and manic. His own friends, his relatives or my friends, as long as they are of the opposite sex, he will be very sensitive. If you get back from work 10 minutes late in traffic, he will suspect what you are doing.
Reporter: After the treatment did not improve?
Ms. Chen: After returning, intensified, more aggressive than before, in our neighborhood with gasoline to go out and kill others or something. He does not sleep at night, I still have to sleep at work the next day, and sleep in separate rooms. One night, I slept in a small room, he pried the door open, came in and looked everywhere, closet, drawers to go through, said I hid someone.
Reporter: Did he go to work himself?
Ms. Chen: He was bedridden for a long time after he fell ill, and woke up smoking. His mother, as his guardian after the fifth prosecution, took care of him and took some medicine every day, and the psychotropic drugs he took were relatively cheap. He was protected by labor law because he had an attack during work, and the unit used to pay him some money according to certain labor standards, and his salary should be 1400~1600 yuan, I’m not sure about the details.
Reporter: He had a violent assault on you is what happened?
Ms. Chen: Once I went to the hospital to do a routine gynecological examination, asked the security guards on the next few floors of laboratory tests, said a few words. He heard the voice of the opposite sex from inside the wiretap and came to the hospital to beat me, choking me for a long time to catch my breath. Then the security guard came to persuade and pull, and as soon as he heard the voice of the security guard I was talking to, he said you are having an affair with my wife. The security guard felt baffled and realized he was mentally unstable and called the police.
I was very stupid, was beaten did not go to the injury examination and photo, but there is his apology when the handwritten pledge, he hit me this thing, in his description of the content is admitted.
2] do not like to communicate with people, timid small stage fright
Reporter: What is your previous impression of him?
Ms. Chen: small guts, looking back, or because of the disease, he was more afraid of the crowd. If there are a lot of people, he likes to be alone in the corner to look at the phone, smoking, do not like to communicate with people, strangers, he is a little stage fright.
The spirit is a little different from our normal people, and then will not move jealous, serious kind of face.
Reporter: How did you get together?
Ms. Chen: At first my family did not agree, think their family conditions are too poor, but I was also 28, 29 years old, belong to the age of some older. He said little outside, people are more honest, in addition to work also has a part-time job outside, the day is also sloppy to get by. In addition, he will come to my unit to send me something to eat, to my mother to send her something to eat, to and from work to pick up, or accept him later.
Reporter: What is the condition of his family?
Ms. Chen: his family is a rural area, parents divorced, the family three sisters, he is the eldest. He also felt that I was an only child, work is also good, appearance also attracted him, to my family softly, took the initiative to chase me for a long time.
Reporter: Does his mother have any control over his behavior?
Ms. Chen: His mother knew that I was beaten by him in the hospital that day, she packed up at home, to go back home, and said it was all a matter of two people she could not control. I think so, your family of origin is not good, and not caused by me. If the court is biased towards the disadvantaged and mentally ill, I’m not denying support, I’m doing my best within my means. I can’t say that I won’t divorce because I can’t reach an agreed upon amount.
Now that I am an older woman, where is my freedom and my rights? Is my life happy?
Conversation with Hu’s brother
Reporter: What is the reason you do not agree to divorce?
The court ruled that there are reasons for not being able to leave. First, the brother is now hospitalized, no autonomous capacity; second, the four years, during the treatment of illness, the woman as a wife, did not pay a penny of the medical expenses, and did not come to take care of him for a day; third, she sold the property privately, the sale of the money she took all by herself. When the house was bought by my brother’s unit quota of welfare housing, the down payment is my brother in my sister and I and his boss wife borrowed money. Usually my brother’s salary as a household, Chen’s salary to pay the loan, the house is not hers.
Reporter: What is your claim?
Hu’s brother: divorce we do not disagree, are reasonable, but the middle involved in the division of property, credit card debt, medical treatment costs, follow-up support issues are not resolved, requiring the brother to net out, we do not agree.
Reporter: Have you hidden the condition from the woman?
Hu’s brother: this disease is not hidden from her, brother before the military as a soldier six years, have done a comprehensive examination, is no problem.
The reporter: he has a mental illness after, who is taking care of?
Hu’s brother: I take care of me to pay the medical bills, Chen did not come once, out of a penny. If she can do a little wife responsibility, my brother’s illness may not be as serious as it is now.
My own conditions are not good, but also to go to work to make money, but is my own brother lying there, I can not help it, and then difficult to get on. A few years ago, I bought a house without money to decorate, my brother had an accident, the family sky is falling down. The economic burden is heavy, I live with children for a few years without water and electricity in a rough house.
Reporter: How about the initial feelings of the two of them?
Brother: I did not support their marriage at the beginning, the woman is the brother met in the KTV, and then they got married I did not go.