Husband and wife marries 18 years
Two people still bear a child
Result court is sentenced marriage is invalid
So this two people are cousin unexpectedly
Careful of court of justice of benefit plain town writtens guarantee one case the divorce case of cousin intermarriage, adjudicate marriage is invalid lawfully. Tell to say formerly, former, the accused is 3 acting less than near aunt Biao concerns. The mother of former defendant fastens brethren sister.
Former defendant lives at living together on September 9, 1998, bore a child on September 14, 2000. Because disposition shoulds not, accuser with living together on August 8, 2016 belongings, child raises issue town court of justice sues Xiang Lichuan, the accused when open a court session took out bilateral marriage certificate on Feburary 13, 2017, accuser just knows defendant already one-sided applied for to handle a marriage certificate, satisfy court of justice of Xiang Lichuan town to apply for to nolle prosequi, mention separately declare marriage is invalid application.
Court of justice of benefit plain town is found out via cognizance, former defendant fastens cousin relation, fasten 3 generation less than is collateral line and consanguineous, attribute the situation that law prohibits marrying, although both sides got a marriage certificate, but its marriage relation is invalid.
The fact that accuser holds holds water, to its lawsuit requests court of justice of benefit plain town to give support. The belongings that alludes about accuser breaks up a problem, will make writ give separately processing. According to " marriage law of People's Republic of China " the 7th (one) , the 10th (2) and " top people court about applicable the explanation of a certain number of problems (2) " the 3rd, the 4th regulation, the marriage that adjudicates former defendant is invalid.
Marriage is invalid case, basis " marriage law " dozenth a regulation, "Invalid or by the marriage of cancel, from only then invalid. The right that party does not have husband and wife and obligation... the children with party strange place, applicable the provision that this law concerns parental children. "Namely between former, the accused although do not have husband and wife's right and obligation,concern, but still exist between its and children bring up, the legal obligation such as provide for.
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Yao Fei of office of attorney of Hubei fierce Luo's lawyer thinks:
Former defendant fastens cousin relation, fasten 3 generation less than is collateral line and consanguineous, attribute the situation that law prohibits marrying, its marriage relation attributes one of legal and invalid situation, party from only then the right that does not have husband and wife and obligation.
Basis " marriage law of People's Republic of China " the 10th regulation, "Have one of following state, marriage is invalid: (one) bigamous; (2) the relative that prohibits marrying concerns; (3) the disease that thinks to ought not to marry on medicine contracts before marriage, have not cure after marriage; (4) did not decide marriageable age to the law. (4) did not decide marriageable age to the law..
Marriage is invalid, will bring about marriage from only then absolutely and invalid, invalid, invalid of course. What cohabitational relation party gives birth to children, applicable marriage law concerns the relevant provision of parental children.
Remove the common property after cohabitational relation breaks up a problem, should distinguish different situation gives processing. Should maintain what belong to personal property for personal property. The income of bilateral and joint income is mixed during cohabitational life purchased property, press general and mutual belongings to handle. But evidence proves to be party one party all except. Share belongings to should be handled by party agreement above all to living together; When the agreement won'ts do, do not have fault according to taking care of by people court square principle court decision. Hunan day Metropolis Daily
