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Wen / Li Rui
Case: abortion without husband wife taken to court
Mr. Cheng was a car accident because of a child with disabilities lead left foot,tn requin homme, but the degree of disability is not heavy, does not affect the life and work. 2007, Mr. Cheng and Ms. Cao married. Since a husband is the only son of the family, marriage, Mr. Cheng's parents urging them children. So,mulberry daria clutch, Mr. Cheng and Ms. Cao talk to a child as soon as possible. Ms. Cao Mr. Cheng's request was denied, she said that he hoped such as job stability, better conditions for more children. Subsequent years witnessed colleagues their side, the students have children lived hard and monotonous life, Ms. Cao increasingly envious of those "DINK" family, they secretly decided not to have children. Therefore,air max 90 homme, each time a Mr. filed to have children,retro jordans 3s, Ms. Cao has a variety of excuses to refuse.
October 2011, Ms. Cao accidentally pregnant, excited, excited after a busy day before Mr. busy to housework. However, Ms. Cao has not discussed with Mr. Cheng, on November 20 the same year went to the hospital to do abortions without surgery. After Mr. Cheng know, raised serious protest. They do this dispute for several days, but still to no avail. In desperation, Mr. Cheng has chosen frustrated with his wife separated.
In the days of separation,nike leBron femme, Mr. Cheng although very miss wife, but the thought of his wife ruthlessly destroyed their children,Tiffany Orecchini, he would love to hate. Mr. persuade his wife to consider as a matter of invalid children again,mulberry keyrings sale, he had the idea of ​​divorce. But Ms. Cao refused to divorce,Tiffany Gemelli, claiming that women are not children of the machine, also accused Mr. idea into too old.
March 2012,Giuseppe Zanotti Sandal, Mr. Cheng huff wife to court that termination of pregnancy without his wife violated his reproductive rights, Ms. Cao request compensation for mental damages 50,air max 90 de nike,000 yuan, and asked the court to dissolve the marriage with Ms. Cao relationship.
Hearing: The court dismissed the claims judgment permitted divorce husband
According to the law of our country,chaussure de foot nike, citizens are entitled to a corresponding male and female reproductive rights. Ms. Cao reproductive rights enjoy the right to health is based on a life of personal rights,nike shox femme, reproductive rights enjoyed by Mr. formed a spouse the right of the right to identity. When these two rights in conflict, should be more concerned about the right to life and health,air max femme 2014, rather than the right spouse. Meanwhile, the law also provides that women have the right to have children in accordance with relevant state regulations, but also the freedom not to fertility. "Supreme People & lt; People's Republic of China Marriage Law & gt; Interpretation of Several Issues three" clearly provides that termination of pregnancy without a husband to his wife and to claim damages can not be supported. Therefore, the court dismissed the claims raised by Mr. Cheng mental damages.
After accepting the case, the judge into Mr. divorce proceedings request mediation. However, both sides have always failed to reach consensus on childbearing issues. The court held that the two sides have thus had family conflicts, and causes both emotional breakdown. Therefore,air jordan homme, the court allowed a final judgment of Mr. and Miss Cao divorce.
Analysis: spouse may request the other party refuses to divorce fertility
Although the law gives the right to birth every eligible citizen, however, due to differences in physiology, male fertility rights and wishes must be achieved by women. Due to the improvement of living and lifestyle changes in modern concepts,mulberry briefcase bag, career pressures of competition and the cost of raising children,Nouveaux Produits, the husband and wife on the question of whether the differences are frequent childbearing,Giuseppe Zanotti Homme High-Top Sneakers en cuir noir or, such lawsuits have increased. "Supreme People & lt; People's Republic of China Marriage Law & gt; Interpretation of Several Issues three" Article IX: Husband to wife without termination of pregnancy violate their reproductive rights grounds to claim damages, the people's court shall not support. Both spouses whether fertility due to a dispute, resulting in affection no longer exists, the party requesting the divorce, the people's court, after mediation fails, should be in accordance with the "Marriage Law" Article 32, paragraph 3 (e) "other cause breakdown of marital relations the circumstances specified in "treatment. Thus,air yeezy, if both spouses have children because of problems caused when emotional breakdown, may agree to a court for divorce or dissolution of marriage.
Judges should like to remind you that before the marriage the two sides can talk on the issue of whether to have children, to reduce the chances of marriage into conflict. Meanwhile, the right of marriage, both spouses must respect each exercise in fertility, consultations can not be forced, command or to impose their will on each other.
(Excerpt from "Law and Life" semimonthly second half of July 2013)
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