Husband became a vegetative, and after a few years, his wife was exhausted to prosecute to divorce.

Due to a car accident,

Husband became a plant man,

A few years later, his wife decided to sue for divorce.

Recently, Jiangsu Nantong Rudong County Court

A divorce case was tried.

The picture comes from the photo network

A car accident changes the fate of a family

In 2015, Cao Yu and Ye Fan gave birth to a son after marriage. In July 2018, her husband Cao Yu was seriously injured in traffic accidents. Although the rescue kept his life, he became a vegetative and needed continuous treatment.

Because Cao Yu was an unilateral accident, there was no compensation, and the whole family exhausted its savings for Cao Yu's treatment. In order to alleviate economic pressure, his wife Ye Fan went out to work.

A few years later, Cao Yu still did not improve. Ye Fan, who made money alone, was tired of being physically and mentally, and gradually gave up the idea of ​​divorce.

What surprised Ye Fan was that her in -laws did not object after hearing her thoughts. Although they were reluctant, they couldn't bear to let the young daughter -in -law wait for a lifetime.

The old couple instead of the vegetative son to the court

Due to Cao Yu's serious injuries and no capacity for civil behavior, he could not go through the divorce procedures through the Civil Affairs Bureau. Ye Fan filed a divorce lawsuit to the court.

During the trial of the case, the old couple stated that they did not oppose the divorce request proposed by the daughter -in -law, but they could not bear to replace the consent of the unconscious son, hoping that the court would judge according to law. The old couple did not make any request about their son's support, but they hoped that the grandson would take care of them. Ye Fan took the initiative to say that he was willing to pay the husband's assistance fee every month, and agreed to take care of his son's grandparents, and bears all the support fees of his son.

The court held that Cao Yu was seriously injured due to a traffic accident. He has been in a state of plant survival. The husband and wife cannot communicate, and the life name of the husband and wife died, causing the husband and wife to completely break the relationship.

Regarding the plaintiff's support for the defendant's husband and wife and the child's support, the plaintiff and the defendant's legal agent, the defendant's parents, reached an agreement after negotiation and did not violate the laws and regulations.

Related interpretation

The particularity of this divorce case is that one party is a person who has no capacity for civil behavior. The "Civil Code" stipulates that adults who cannot identify their behavior are those with no capacity for civil behavior, and their legal agents shall implement civil legal acts. The guardian who has no ability of civil behavior and a person who restricts civil behavior is its legal agent.

Due to the divorce dispute in this case, the defendant's spouse could not participate in the lawsuit as a legal agent.

The Civil Code also stipulates the help of the divorce economy: During the divorce, if one party is difficult and the other party with the ability to have a burden should give appropriate help. The specific measures shall be approved by both parties; if the agreement fails, the people's court will be judged. (The characters involved in the text are pseudonym)

Source: Nantong Intermediate People's Court (ID: ntzy140825)

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