Can I cancel the marriage of major illness before marriage?The court judged like this →

After getting married, the Guangdong man Ajin (pseudonym) discovered that his wife had a mental illness before marriage. He was deeply deceived to sue the court in a paper complaint and demanded that the marriage was revoked. Will the court support? Recently, after the case was tried by the Wuhua Court of Guangdong, the marriage relationship of the parties was revoked according to law.

At the beginning of 2015, A Yun (pseudonym), who lived in Wuhua County, issued the "Special Certificate of Basic Medical Insurance in Wuhua County" through relevant units, and applied for a disease type as schizophrenia. In July 2020, A Yun and his fellow man A Jinjing introduced his understanding, and later went to the Civil Affairs Bureau in October of the same year to complete the marriage registration procedure.

Unexpectedly, in February 2021, A Yun was sent to the hospital for hospitalization due to the onset, and was diagnosed with divided emotional disorders. A Jin believes that A Yun concealed the medical history before marriage, causing him to have a marriage registration with A Yun without knowing it. Then he sued the court at the end of 2021 to cancel the marriage, and at the same time submitted the hospital's "Diagnostic Certificate", medical hospitalization charges. The list of bills and hospitalization expenses, etc., plans to prove the fact that A Yun suffers from mental illness, and complains that before marriage, he did not know about Ayun's history of mental illness, until A Yun was diagnosed and reimbursed basic medical treatment after marriage and reimbursed basic medical care after marriage. After the insurance premium was submitted to the special outpatient dedication certificate, I learned that A Yun had this major disease before the beginning of 2015.

During the trial of this case, A Yun himself did not make a defense opinion, but his guardian agreed to agree with A Jin and A Yun divorce.

After the trial of the Wuhua Court, although A Jin and A Yun had registered for marriage, A Yun was sent to the hospital to be hospitalized after marriage. The "Special Outpatient Clinic for Basic Medical Insurance in Wuhua County" has been received, and when he became ill, after the marriage was less than half a year after marriage, A Jin knew Ayun's mental illness.

Given that Ajin learned in February 2021 that it had not exceeded one year when it was prosecuted during his prosecution, Ajin now lifted the marriage lawsuit, which was in line with Article 103 of the People's Republic of China. It stipulates that "one party suffers from major illnesses, shall be informed of the other party before marriage; it is better to inform the other party, and the other party can request a marriage from the people's court. "It was proposed within one year," the marriage registration handled by the two parties in October 2020 belongs to a withdrawal marriage. Therefore, Ajin demanded that his marriage relationship with A Yun has a fact and legal basis, and the court supports it according to law.

Judge said: exercise the right to revoke must be proposed within one year

The Civil Code improves the marriage withdrawal system on the basis of summarizing the marriage law and its judicial interpretation. In order to protect the rights and interests of the spouse's right to know, the major illness is notified before the marriage registration as the situation of cancellation of marriage. Revisibility.

For the revocation of marriage disputes caused by concealment of major illnesses, pay attention to the following points:

The first is that the occurrence of major illnesses is limited to marriage registration. If major diseases occur after marriage, they will not enjoy the right to revoke.

The second is to exercise the time limit of revocation right, that is, "self -knowing or knowing the date of the revocation". At the same time, this year is the rule that the time limit of the lawsuit is suspended, interrupted or extended. Therefore, if the parties want to want To exercise the right to revoke, it must be proposed within one year that if you know or know the reasons for the revocation of more than one year, the party will no longer support the marriage on the grounds that the spouse conceals major illnesses as the prosecution.

The third is that the cancellation of marriage must be resolved in a prosecution, that is, the parties cannot claim to revoke the marriage to other units such as the marriage registration authority. They can only claim to the court to the court to revoke the marriage through the referee.

Fourth, the marriage that has been revoked has no legal binding power from the beginning, and the parties do not have the rights and obligations of husband and wife. During the period when marriage registration began to be revoked, the two parties no longer belonged to the marriage relationship, but a cohabitation relationship. During this period, the property disputes or children's support disputes between the two parties were dealt with in accordance with the relevant rules of cohabitation relationships.

Fifth, the Civil Code increases the right to compensation for damages when the marriage is invalid or the disaster party is not wrong, that is, if the marriage is invalid or was revoked, there is no wrong party to request damage compensation.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Xu Bingqi Picture/Guangzhou Daily · Xinhuacheng Reporter: Mo Weipun, Articles of Association Guangzhou Daily · Xinhuacheng Editor: Li Fenghe

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