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Post time: 2014-11-21 04:41:36
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Yangcheng Evening News reporter Yang Yuan,hogan rebel outlet
Correspondent Su Chinese Southern France
Living together for nearly eight years and have two sons of a pair of "husband and wife" has recently been declared the court as "invalid marriage" has become Chaonan Shantou City, the first case in the history of the People's Court declared invalid marriage cases.
This is why the couple is "mother" to court, asking to put "invalid marriage"? As cousins ​​of the two parties why the relationship should receive a marriage license after the deterioration of separation?
And because of this absurd experience to go through torture two children, has not been home, next to their placement, the problem is even more urgent in this story for all faces.
Despite family opposition
Siblings living together and have children
Shantou tide of young men × Wei Hu and a year older than the young women he grew Xu × red relationship is better, Hu × × Feng Zhu Wei's mother was later perceived relationship between the two "unusual", it clearly opposed They go too close. But to make Zhu × phoenix unexpected,air max requin, but let the young family opposition determined to be together indestructible, they have "escape" to Guangzhou. 2004, Hu Wei and Xu × × red and began living life. At that time, only 21-year-old Hu × Wei, Xu × red 22 years old.
Soon, Xu × red pregnant. Although Zhu Xu × × red phoenix firmly opposed to the child was born, but in the promise × red insistence, in 2005, the first son was born which young men and women. In 2007, their second son come into the world.
Zhu × Phoenix and why the family has been unequivocally opposed to Hu Wei and Xu × × red together,http://e-learning.tsu.ge/login/index.php?item/create_form/1, even against their baby? Zhu × Feng reluctantly tells the inside story of which: Hu Wei and Xu × × red cousin and cousin relationship! Zhu Wei's mother Hu × × × red and Xu Feng Zhu × Johnson's mother, is fellow sisters.
Zhu × Feng said she gave her daughter to Guangzhou persuade Xu × red Do not put a child is born, the results did not persuade percent, while Xu × red handwriting of a guarantee, which reads: "I was weak, coupled with anemia,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, fear of the body can not afford, decided not to go to the hospital for abortion in the future birth of a child, all the consequences of my own, independent of the others, "inscribed in time is:.". November 20, 2006. "
Separated deterioration of relations
They receive a marriage certificate
Seeing , two cohabiting youth also gave birth to a child, wanted to move back to Shantou,piumini moncler outlet, home. In desperation, Zhu × phoenix only let two young men and their children live in the home. However, the unexpected is that, after a lot of twists and turns, despite family opposition was bent on going together, Hu Wei and Xu × × red, but gradually deteriorated relationship together. Their relationship has not approved Zhu × phoenix, and "daughter" Xu × red has not come together, the relationship is quite tense. Two years ago, Hu Wei and Xu × × red Separated, Xu × red with her two sons back to her parents live.
However, last April 20, in Hu Wei and Xu × × red Separated about more than a year later, they came to Shantou tide Civil Affairs Bureau, conceal cousins ​​registration of marriage, and received a marriage certificate.
According to the court survey asked about the reasons for registration of marriage, both men and women and uncompromising. Xu × red to say yes, the man in the village ready to divide the "demographic room" (homestead divided by population), the man asked her to go to the registration of marriage and two children to handle accounts, so you can pay would three people room. Court investigation found that the man in the village has been no incident involving housing allocation. And Hu × Wei told the court asking it to say, is because children near school age, there is no account can not or do not enjoy compulsory admission, infiltration accounts must have a marriage license, so they just go to the registration of marriage.
"Mother" mentioned application
Court dispute intense
May 26 this year,vendita hogan, with Hu Feng Zhu × × Wei and Xu × red hide cousins ​​registration of marriage relationship, in violation of the law by the people's court for a declaration to Chaonan their marriage invalid.
June 27, Chaonan People's Court hearing of the case of special procedures,http://www.z-tech.jp/bbs1/sunbbs.cgi?mode=form&no=5801&page=, the court is sitting and no applicant × Wei Hu, only Xu × phoenix and his agent Ma Shaoxiong. Zhu × Fung said his son knew he was wrong, ashamed of people, adding that his son is now working outside. It is reported that, at the time of service of documents to the court to make inquiry transcripts Hu × Wei Hu × Wei said that for his mother raised him and Xu × red are cousins ​​relationship, he had no opinion; how to deal with this "marriage",http://sj.145hao.com/?action-viewcomment-type-news-itemid-12, he believes court, according to legal regulations.
Sitting alone application gallery Feng Zhu × frankly describes her reasons for the application: "My son 'married' my sister's daughter, I do not agree that this is related to the three generations, and I ask the judge to make a judgment We solve their own for so many years can not solve. "She believes that the relationship between the two is the maternal cousin should not marry, even if married,http://www.gagner-facile.fr/, the marriage is invalid. However, the two were cousins ​​Ma Shaoxiong immediately questioned this assertion. Ma Shaoxiong presented to the court Hu Wei and Xu × × red born two children photograph of two children saw Beikaozhuobei, look cute to put on the same position. He said that can be seen from the pictures,abercrombie pas cher, the two children did not unhealthy, not like Zhu Feng said × (Hu Wei and Xu × × red marriage) will affect the healthy growth of the offspring, asked the court to dismiss Zhu × Phoenix application.
Feng Zhu × submitted to the court the testimony of two witnesses, one of her other fellow sister Zhu × Fen provided testimony to prove Hu Wei and Xu × × red is her nephew and niece. Another sister Feng Zhu × Chaoyang District, the birthplace of copper and container town of Hua Qi Village Committee of the testimony, and Zhu Feng Zhu × × Johnson are sisters. However, Ma Shaoxiong Zhu × Fen did not think the witness testified in court whether this person,http://www.fengbao.com/bbs/forum.php?mod=viewthread&tid=327040&fromuid=23955,jordan femme pas cher, whether it is her true statements can not be cross-examination.
For Ma Shaoxiong this question,piumini moncler, the judge Zhang Shusheng to Xu × red ask their mothers and sisters, how many people there are, the names were called,moncler outlet, Xu × × red called mother named Zhu Jiao, there are three sisters were not quite sure what was the name of her . The reason is that she grew up on the outside,http://www.tw-politics.info/bbs/viewthread.php?tid=13372696&extra=,air max requin pas cher, had heard her mom (aunt's name). Zhu Feng hear directed at Xu × × red knew and deliberately did not say, is sophistry! As the two sides argued for their own, and has been applied  Please testimony submitted by the objections, the trial can not proceed, the judge announced a temporary adjournment.
Court-depth investigation
Marriage is not valid
July 4, after a thorough investigation, Chaonan People's Court re-hearing of the case. Judge Zhang Shusheng First read Feng Zhu × × 82-year-old mother Zheng Zhen testimony. Zheng × Jane in testimony, said Hu Wei and Xu × × red is her grandson and granddaughter, she knew both of them married, she was very worried about it trouble.
And Zhu × Finland also confirmed in his testimony, when her sister told her Feng Zhu × Hu Wei and Xu × × red in love, her maternal cousin sister that the two sides are not agreed, and called her sister home to persuade Xu × red, but Xu × red did not accept her advice. She said, sister Jiao Zhu × attitude on the matter is: Xu × red already pregnant, there is no way.
The respondent Xu × red and their agents, and ultimately expressed no objection to the testimony.
The court found that Hu Wei and Xu × × red is collateral consanguinity within three generations, are forbidden by law to marry the case, they hide cousins ​​relations for the marriage registration, a serious violation of China's "Marriage" is not valid marriage, declared by application Hu Wei and Xu × × red marriage invalid.
At this point, has not been a blessing for some families, the family is not recognized so-called "marriage", and finally painted on the tragic ending.
Love
One might sympathize with the woman, that she paid the feelings and youth,air max femme, gave birth to two children. Adjudged invalid marriage, she will be how the hardships of bringing up two children?
VS
France
Basically the world prohibit consanguineous marriage, but after 1999, the new marriage law already does not recognize the "de facto marriage." And the court annulment case for "special procedures" that the first trial of Final Appeal.
Question
Why cousins ​​received a marriage certificate?
According to the "Marriage Law" Article VII, there are lineal and collateral blood relatives within three generations; and the suffering medically unfit for marriage diseases, prohibition of marriage. Article X, one of the following circumstances, the marriage is invalid a) bigamy; (b) prohibit marriage kinship; (iii) maiden suffering medically unfit to marry a disease, marriage yet healing; and (d) under the legal age of marriage. Since collateral consanguinity within three generations is prohibited to marry, why Hu Wei and Xu × × red this cousin was able to successfully receive from the Civil Affairs Bureau Marriage Registry Chaonan last April 20 marriage license it?
Chaonan Civil Affairs Bureau Marriage Registry leaving Hu Wei and Xu × × red booklet copies of marriage registration, but also have their marriage registration review of the deal. According to the Civil Affairs Bureau Marriage Registry Chaonan marriage registrar Wuying Lin, the new marriage registration regulations are mainly personal statement, the marriage registration office to review their booklet and ID card. Household management in this regard, could not confirm whether the two of them are close relatives, only the booklet have reflected to know. And both men and women whether it is a close relative, from both sides of the booklet they are unable to see, if they did not specify the parties, the staff can not know.
Explanation
Why licensing husband disallowed?
Living together for nearly eight years, gave birth to two children, a marriage certificate replacement last year, what it appears to many villagers in the rural south tide, not "husband and wife" is? It is understood, Hu Wei and Xu × × red of this "marriage" Applies to "do not sue ignore" the principle of Civil Procedure, that no party sued, the court can not start proceedings.
Some said that the couple, if, as "mother" Zhu × phoenix not prosecuted, then this "couple" may continue to live together. It is said that in the human before the law is a little cruel, do not order two innocent kids second thoughts judgment? Why should Impartial Court sentenced invalid?
Shantou University Law School dean, said the bear after it proclaimed Hu Wei and Xu × × red nullity of marriage is no dispute. Basically the world prohibit consanguineous marriage, developed countries are very strict control. For the case of the four invalid marriage on premarital suffering medically unfit for marriage illness, marriage has not been cured; not yet reached the legal age of marriage, which is still controversial in both the legal profession, but bigamy is prohibited to marry relatives the relationship between these two, there is no dispute. One might sympathize with this woman were invalid marriage Xu × red from a human point of view,http://www.365kl.net/home.php?mod=spacecp&ac=blog&blogid=, that she paid the feelings and youth, gave birth to two children. Bear by just say, after 1999, the new marriage law already does not recognize the "de facto marriage." As for the future, how arduous the woman bringing up two children, he said, both men and women have the responsibility and obligation to the child's upbringing.
Chaonan People's Court Judge Zhang Shusheng said Hu Wei and Xu × × red is prohibited marriage kinship, marriage registration conceal this relationship, a serious violation of the "marriage", is a void marriage, the law must intervene. Do not belong, like debt and other civil disputes equity issue, it can not be treated as a civil dispute mediation as equity issues. According to judicial interpretation, the court annulment cases for "special procedures" that the first trial of Final Appeal. Judgment respondent Hu × Wei Xu × red to the court without the right to appeal.
said invalid marriage divorce child custody deal with common issues of child support case basically no difference between the rights and obligations of the parents have custody of. But the division of property on a large difference, but the two sides invalid marriage cohabitation, without legal protection. Invalid property during the marriage is not recognized as a marriage relationship based on co-ownership, but all personal income individuals, joint management, and other co-recipient considered common property.
Questioning
Will a black two healthy baby boy?
In this case an invalid marriage, Hu Wei and Xu × × red two sons, although currently undetected physical or mental defects, but they no doubt this "invalid marriage" in the biggest victims.
Yangcheng Evening News reporter learned from Chaonan District People's Court, from Hu Wei and Xu × × red last April 20 took out a marriage license, to May 26 this year, Feng Zhu × apply to the court filing, the court until July 4 judgment, Hu Wei and Xu × × red born two children, has yet to Public household sector on the account.
Bear by just saying, "Marriage Law" stipulates that legitimate children born out of wedlock enjoy the same rights, no person shall be subjected to harm and discrimination, they can still home.
Normal household accounts require parents, marriage certificates, birth certificates and other documents the child, and Hu Wei and Xu × × red marriage certificate i.e. according to recover after the court decision, marriage registration has been canceled, their kids and what means to go home? said that although the marriage was invalid, but Hu, Xu two children can apply for home, by virtue of Hu Court on July 4 court made the promise of marriage invalid referee instruments, instead of a marriage certificate, to the household sector into households. that child marriages are invalid, and commonly known as the illegitimate son of cohabitation out of wedlock, there are different circumstances, or because of an invalid marriage had been concluded marriage, but marriage law violation, after being declared invalid.
However, Ma Shaoxiong told reporters, Xu × red hope that through negotiations, raising two kids by myself. But in her own account in the migration will be "stuck." According  said that after the last registration of marriage, Xu × red will domiciliary Hu × Weijia, two sons are not into account. Recently, Xu × red would like to move back to his own account from Chaonan maiden Chaoyang District, Chaoyang District, Xu × red fight requires proof of birth. Xu × red to Chaonan beat IPPF prove her own street due to her two involving premarital fertility, bounce back problems, and asking them to pay more than 20,000 yuan of social maintenance of family planning. Xu × red not afford to pay the money, then do not move households, children's home is even more distant future.
Guangdong Province Women's Rights and information service station Shantou station Huang Yuying think, Hu Wei and Xu × × red get married, have children, lead to such a painful void marriage, the first is that they themselves do not understand the law. This bitter pill, the responsibility of both men and women. Huang Yuying, that whether negotiation or litigation, the most important thing is to properly handle the two child support issues, as well as subsequent home,moncler outlet, school problems.
Questions about the social compensation fee, women have suggested that local streets and planning departments to coordinate treatment again. If you really can not afford Xu × red, may present an application to the streets, the health department. Huang Yuying, said Xu × red this year, only 29 years old,http://club.shaanxibaby.com/home.php?mod=space&uid=54903, still young, should be self-reliance, at least to work, can not rely on social assistance. She said that if Xu × red encounter great difficulties in the process of raising children in the future, may apply to the streets, the RC application related special grants.
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