Marriage is invalid case

" marriage law " the 10th, have one of following state, marriage is invalid:

(one) bigamous;

(2) have the relative concern that prohibits marrying;

(3) the disease that thinks to ought not to marry on medicine contracts before marriage, have not cure after marriage;

(4) did not arrive of legal age.

Zhang Mou puts forward lawsuit to request to this academy: Adjudicate declare accuser Zhang Mou and the accused beyond lawfully some 1 marriage is invalid. Fact and reason: Zhang Mou and close the relationship between the children of a brother and a sister of more than some 1 department concern, at × of × × × year government of people of Xxx of classics of day of × of × of × × month is registered marry, zhang Mou was not achieved at that time marry the age, with marriage certificate of false age diddle, at × of × × × year day of × of × of × × month bears cornstalk Yu Rongfeng; × of × × × year day of × of × of × × month is borne 2 female Yu Mou 2. Zhang Mou is as near as more than some 1 department, basis " marriage law of People's Republic of China " the 10th regulation, zhang Mou and Yu Mou 1 attribute the situation that prohibits marrying, request declare marriage is invalid.

Juridical result: Declare accuser Zhang Mou and the accused beyond some 1 marriage is invalid.

The father Zhang Yuxian of the maternal Zhang Liuxiang of accuser and the accused fastens brethren sister younger brother to concern. × of × × × year day of × of × of × × month, former, the accused arrives marriage of conduction finish of government of people of country of × of × of well of × of × of heart river county is registered. On September 18, 2007, former, the accused was borne jointly one child An Mou 2. During collective life, the common property of former, the accused has commodity house, masses card car (date of × of × of × of × of × of plate number expensive D) ; Joint liability owes × of × of × of heart river × to press down RMB of loan of rural credit agency 150000 yuan. Show accuser to belong to 3 generation with both sides less than is collateral line and consanguineous, prohibit marrying for, appeal to come the marriage that this academy asks to affirm both sides lawfully is invalid; The child is brought up by accuser; The commodity house that common property is located in lake of dragon of heart river jade, be located in × of × of × of heart river × to press down foundation together, car of card of masses of × of × of × of × of expensive D × , firm level ground presses down rolled steel to manage, put in accuser 's charge all, compensate the accused RMB by accuser convert into money 535000 yuan; Joint liability RMB 350000 yuan, partake on average by former, the accused.

Juridical result: Accuser installs some 1 marriage with the accused Zhang Mou to disable.

File the case with declare invalid marriage to people court to party or interests person, the decision criteria of invalid marriage, when examining above all ought to in order to sue when the invalid situation that whether this marital status still attributes law to set is accurate. If disable,case has disappeared, people court should not make the court decision of annul.

Of invalid to be being belonged to truly marriage, people court forbids to make party nolle prosequi. But have bring about marriage invalid main content already was eliminated, criterion marital relation turns for effective, party applies for to nolle prosequi, can allow.

The legal effectiveness that the marriage of only program flaw registers, lack specific legal provision, marry flaw of the program that register, do not bring about marital relation to disable necessarily.