What is the court's judgment on the nullification of marriage against a wife who is sick and cannot conceive?
Aug 22, 2024
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According to Chinese media such as Guangzhou Daily, the Guangxi Provincial High Court on the 20th rejected a lawsuit filed by man A for invalidity of marriage.
According to the court's disclosure, his wife B was diagnosed with an ovarian cyst in 2017 and underwent surgery at a hospital.
After that, A and B first met in October 2021 with the introduction of an acquaintance and got married three months later.
In the process, A claimed that his wife did not inform him of her past medical history.
When she was not pregnant after marriage, she underwent several tests in July 2022, and was diagnosed with infertility due to an ovarian cyst.
Upon learning this, the husband first filed a lawsuit in October of the same year asking the court to cancel the marriage on the grounds that he hid his prenuptial illness.
The court of first instance said that "the wife had a pre-nuptial right ovarian cyst, but the marriage cannot be invalidated because it does not fall under the serious genetic disease, designated infectious disease, or mental illness specified in the Mother and Child Health Act.", he dismissed.
In response, the husband appealed to the Guangxi Provincial High Court.
The High Court also issued a ruling to the same effect as the first trial, saying, "I did not notify you in advance before marriage, but this cannot be a requirement for invalidation of marriage.", dismissing the claim.
bellho@sportschosun.com
