Husband has become a vegetative for 4 years, and the wife sued the divorce to be allowed: the woman took the initiative to bear the ex -husband's assistance fee and all her son's support fee

On September 25, the East Court announced a divorce case. In 2018, her husband, Mr. Cao, became a vegetative due to a car accident, and his wife went out to work. The in -laws took care of her husband and grandson at home. A few years later, the husband still did not improve, and his wife gradually had the idea of ​​divorce. The in -laws could understand but could not bear to make a decision for their son, and hoped to be sentenced to the court's decision.

The court believes that the man has always been in a state of plant survival, and the husband and wife cannot communicate. The life name of the husband and wife died, which caused the husband and wife to completely break the relationship and should be allowed to divorce. The wife took the initiative to express her support for her husband every month, and agreed to take care of the son's grandparents, and bears all her son's support.

A car accident changes the fate of a family

Cao Yu and Ye Fan met and got married, and gave birth to a son in 2015. In July 2018, her husband Cao Yu was seriously injured in traffic accidents. Although the rescue was saved, it became a vegetative and needed continuous treatment.

Because Cao Yu was an unilateral accident and did not compensate, the whole family consumed Cao Yu's treatment, and raised her debt to relatives and friends.

In order to alleviate the economic pressure of the family, his wife Ye Fan went out to work, and Cao Yu was taken care of by his parents. In addition to taking care of the son who was paralyzed in the bed without consciousness, the old couple also took care of the grandson of elementary school, and the family's life was very difficult.

A few years later, Cao Yu still did not improve.

Looking at the like -minded and caring husbands who have been like -minded and caring, they can no longer give care and support in life, and Ye Fan, who makes money alone outside, is tired of being physically and mentally and mentally exhausted, and gradually gives up the idea of ​​divorce.

When she was anxious to say her thoughts to her in -laws, she thought she would usher in a storm like a storm, but she did not expect that the kind and open -minded in -laws did not oppose it. Although they couldn't bear it, they couldn't bear to let the young daughter -in -law. Waiting 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. Regarding the son's support, the old couple did not make any request, but hoped that the grandson would be taken care of by his husband and wife. Ye Fan took the initiative to express his willingness to pay the husband every month, and agreed to take care of his son's grandparents, and bear all the support for his son.

Court trial

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.

Judge

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]

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