In the marriage relationship, women are often in a relatively weak position due to physiological and social reasons.
Especially during pregnancy, the woman must not only bear the risk and burden of fertility, but also face various difficulties and changes that may occur.
In order to protect the legitimate rights and interests of the woman during pregnancy, my country’s "Civil Code" restricted the right to the man’s divorce litigation.
But is this restriction absolute?Is there exceptions?If the woman has major faults during pregnancy, such as derailment and domestic violence, can the man propose divorce?
In May 2019, Li and Wang registered to get married.
In August 2020, Li found that Wang had an unfair relationship with others, and suspected that Wang’s pregnancy was not his own.
In September 2020, Li proposed a divorce to Wang and asked for parent -child identification.Wang rejected Li’s request and stated that he did not agree with divorce.
In October 2020, Li filed a divorce lawsuit with the people’s court and requested a decision to divorce Wang.
In November 2020, the People’s Court accepted Li’s lawsuit and organized both parties to mediate.After the mediation was invalid, the people’s court opened a trial in accordance with the law.
In January 2021, the people’s court made a first trial judgment: Li Li and Wang divorced; the children born of Wang had no parent -child relationship with Li;
According to Article 1082 of the Code of the People’s Republic of China, the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after childbirth.If it is necessary to accept the request of the man’s divorce, it should be accepted. "
The court believes that in this case, during the marriage with Li, Wang had an unfair relationship with others and had a child with others. It was a major fault, which seriously damaged Li’s legitimate rights and interests, and caused the relationship between the husband and wife to break.
Therefore, the court believes that the case is indeed necessary to accept the divorce request of the man, so it is accepted.It was found out that the son of Wang was not born of Li, so he judged that Wang’s child had no parent -child relationship with Li.
The two parties have reached an agreement on the handling of the common property of the husband and wife, so they are judged based on the agreement between the two parties.In summary, the court was allowed to divorce Li and Wang in accordance with the law.
There are two main disputes in the focus of this case:
First, during pregnancy, can the man file a divorce lawsuit?
Second, the woman has a major fault during pregnancy. Does it really need to accept the man of divorce request?
For the focus controversy in this case, I think: First, the woman can file a divorce lawsuit during pregnancy.
Article 1082 of the "People’s Republic of China" stipulates that "the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after childbirth, or within six months after pregnancy.
If the woman proposes to divorce or the people’s court believes that it is necessary to accept the request of the man’s divorce, it should be accepted."This clause not only reflects the protection of women’s rights and interests, but also gives the people’s court a certain free discretion.
This shows that the legislators have considered special circumstances during legislation, and they do not absolutely prohibit the man from filed a divorce lawsuit during pregnancy.Therefore, in specific cases, analysis and treatment should be carried out according to the actual situation.Second, the woman has a major fault during pregnancy, which constitutes the situation that the law is indeed necessary to accept the request of the divorce request.
Although Article 1082 of the "People’s Republic of China" does not clearly stipulates what is necessary to accept the request of a divorce request.
However, according to Article 1079 of the "People’s Republic of China", "those who are divorced or living with others, the people’s court should be invalidable to divorce", and the "Supreme People’s Court on the Application of the Marriage Law of the People’s Republic of China> Law of the People’s Republic of China>Explanation of several issues (3) "Article 13 stipulates:
"Husband or wife lives with others or has sex with others, and is unwilling to correct it," is a major fault. Therefore, the woman has an improper male and female relationship with others during pregnancy and has a child with others.It seriously damaged the legitimate rights and interests of the man, and the relationship between husband and wife had indeed ruptured.
In this case, if the marriage relationship is forced, it will not only be not conducive to the man’s physical and mental health, but also the rights and interests of the woman and the fetus, but also not conducive to the public order and good customs of society.
Therefore, in this case, it is indeed necessary for the law to accept the request of the man’s divorce. The people’s court shall accept and judge divorce according to law.
In the case of a major fault during pregnancy, the man may file a divorce lawsuit, and the people’s court shall accept and judge divorce according to law.
However, this article only expresses its own point of view from the perspective of a lawyer, and does not represent the authority of law or judicial authority.In actual operation, analysis and processing must be performed according to the specific situation.