Woman A believed that she and her half-vegetative husband, Man B, had no real relationship and had been separated for 20 years. However, the judge of the Southern Court felt that Woman A was more responsible for this result, so she dismissed her divorce petition.
(File photo, photo by reporter Wang Jie)
[Reporter Wang Jie/Tainan Report] Within 3 years of marriage between A woman and B man, her husband was in a vegetative state due to a car accident. She expressed that she endured the harshness of her in-laws, raised two children by herself, and took care of her husband for 8 years. They have been separated for 20 years, want to file for divorce, and hope to get 3 million compensation for her husband's car accident; the uncle accused woman A of leaving her brother "B man" on the roadside of his hometown and left him unilaterally. In his testimony, he said that his mother was unable to support his father, so he brought him to his grandfather and grandmother's house for "face-to-face interview". appeal.
Woman A said that after marrying man B for less than 3 years, man B turned into a vegetative state because of a car accident. It was because of her careful care that he got better, and she not only had to raise two children, serve her in-laws, but also Working as a home OEM, the two separated 20 years ago. She raised her child alone, and she is responsible for the education and insurance expenses. She has been physically and mentally exhausted for many years, and she has no substantial marriage and relationship with B male. This is in line with civil law. Article 1052, item 1, paragraph 8, she has a major incurable mental illness. I hope the judge will agree to her divorce petition.
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However, the younger brother of B man retorted that in the past, woman A insisted on taking B man away. Later, because she could not take care of him, she left B man who looked like a vegetative person on the side of the road. It was only after the family found him that they brought B man home. After woman A left, she didn't even notify man B of her daughter's marriage. She was deliberately alienating man B, and the 3 million compensation for the accident was used for medical care and nursing care, and man B received 80% of the labor insurance for the accident. More than 10,000 yuan, a monthly disability allowance of 3,000 yuan, and the family remittances from time to time. These are all taken by A's wife, and she does not raise the children alone.
The judge held that the woman A used Article 1052 "with a major incurable mental illness" to apply for divorce, but the second item of the same article "there are major reasons and it is difficult to maintain the marriage" is more applicable, but Taiwan's divorce determination is based on "negative". Flaw doctrine", when the marriage is irreversible, the party with the lesser responsibility can file a lawsuit against the party with the heavier responsibility, and the main reason why A woman used to separate from B man for 20 years is that she arbitrarily throws her husband back to her in-laws' house. No longer willing to take care of him, so the lawsuit against wife A was dismissed.