The atmosphere in the room was eerie. Zhang Dazhuang and Hou Hong didn’t say a word, and their parents were also expressionless. Under the help of witnesses, they opened their mouths to discuss the matter of registering their marriage.
Marriage is great joy, but why is there no joy on the faces of these two families? This is because the purpose of Zhang Dazhuang and Hou Hong’s marriage registration is to divorce.
The “marriage change” of the two began with a gossip from a neighbor-the reason why “marriage change” is in quotation marks is because although they held a wedding ceremony, they did not register their marriage. However, since February 1, 1994, the Ministry of Civil Affairs’ “Regulations on the Administration of Marriage Registration” came into effect, and my country’s civil law no longer recognizes de facto marriages. Therefore, this “marriage change” is actually a breakdown of the relationship between the two parties.
Zhang Dazhuang still remembers the first time he heard the neighbors gossip. It was an ordinary night, and his mother suddenly pulled him to a corner where no one was around, and spoke again and again after hesitation: “Da Zhuang, Mrs. Sun said that Nan Nan doesn’t look like you…” Zhang Dazhuang disagreed: “He looks like his mother.”
The mother shook her head: “I’ve looked carefully, and Nan Nan doesn’t look like her.” Zhang Dazhuang still didn’t hear his mother’s subtext: “He is still young, and he will definitely look like either of us when he grows up.” “Son
, you To be honest, have you fully understood Xiaohong’s situation when she was working outside?” Hearing this sentence, Zhang Dazhuang finally understood what his mother meant—someone suspected that Nan Nan was not his biological son!
Zhang Dazhuang felt that these gossips were too absurd, so he repeatedly waved his hands to tell his mother not to talk or ask again. In the dead of night, he tossed and turned, looking at his wife and children sleeping beside him, he felt a little strange.
He recalled the love process with Hou Hong. Five years ago, the two met while working abroad. Unlike his honesty and honesty, Hou Hong has a lively and cheerful personality. The two were about the same age and from the same hometown, and soon fell in love and lived together. Soon after, Hou Hong said that she was pregnant.
At that time, Zhang Dazhuang had not yet reached the legal age of marriage and could not go through the marriage registration procedures, so he held the marriage ceremony first according to the rules of his hometown. Half a year later, Hou Hong gave birth to a boy named “Nan Nan”.
In order to let the children get better care, they took the children back to their hometown. Under the careful care of two generations, Nan Nan grew up healthy until she was 3 years old. In such a happy life, Zhang Dazhuang once felt that his life was complete.
But at this moment, the neighbor’s gossip pierced his heart like a thorn. He remembered that when he first met Hou Hong, there were indeed many suitors around Hou Hong. At that time, he felt that he was not well-educated, had a stuffy personality and a clumsy tongue, so even if he had a crush on Hou Hong, he never dared to reveal it. But Hou Hong took the initiative to find him, and said: “I think you are more reliable, let’s do well in the future!”
Looking back now, Zhang Dazhuang couldn’t help but wonder: Did Hou Hong find himself to fill her gap because she was broken in love? Love life? There are several men who have pursued Hou Hong. Could Nan Nan be one of them’s children?
Suspicion is like an inexhaustible weed, taking root and spreading in Zhang Dazhuang’s heart.
At this time, Nan Nan fell ill and needed hospital treatment. While no one else was around, Zhang Dazhuang secretly took him for a paternity test, and the conclusion was: Zhang Dazhuang was ruled out as Zhang Nannan’s biological father. Zhang Dazhuang was so angry that he hurried back home.
Hou Hong thought that something happened to him at work, so she teased him with a smile: “Who are you angry with? I’ve never seen you so angry!” Zhang
Dazhuang threw the paternity test on the table, Let Hou Hong have to make things clear. Hou Hong, who was at a loss, understood after reading the paternity test results, and asked back with the document: “Do you believe me or believe it? Biology has heredity and variation, don’t you understand?” He knew that Hou Hong was stubborn, but Zhang
Dazhuang I couldn’t talk about her, so I kept saying, “This matter must be clarified.” After several theories failed, he said to Hou Hong: “If you think this appraisal is inaccurate, we can do it again together.” But Hou Hong beat back: “If you want a divorce, let’s leave. Don’t bother me with these reasons. There was really no other way, so
Zhang Dazhuang told his parents about it. After hearing this, the parents sighed that their son was too useless, and went to “debate” with their daughter-in-law. Hou Hong’s parents came to support her when they learned that their daughter was being bullied by her husband’s family.
No matter how fierce the quarrel between the two families was, Hou Hong just said: “If Zhang Dazhuang doesn’t recognize Nannan, I don’t know who the child is.”
Zhang Dazhuang’s family analyzed Hou Hong’s words, and the more they analyzed, the more they felt chilled. If Hou Hong really didn’t know who the child belonged to, it meant that her private life was chaotic at the time, and she was not only in contact with one man; if Hou Hong knew who the child belonged to but didn’t want to say it, it meant that she would rather hurt Zhang Dazhuang in order to protect that man. From this point of view, there is really no need for Zhang Dazhuang and Hou Hong to stay together.
Under the witness’ witness, the relatives of both parties signed the “Dissolution of Engagement Agreement” after negotiation. Zhang Dazhuang and Hou Hong agreed: 1. Zhang Dazhuang voluntarily raised Nannan because he had a deep relationship with the child. In order to put Nannan’s household registration into Zhang’s family, the two parties will make up the marriage registration. The marriage certificate is only for the child to settle down. After settling down, the two parties went to the civil affairs department to apply for divorce in time. 2. Zhang Dazhuang paid Hou Hong a bride price of 200,000 yuan during the engagement, Hou Hong returned 120,000 yuan, and Zhang Dazhuang waived the right of recourse to the remaining 80,000 yuan. 3. Hou Hong agreed to Zhang Dazhuang’s upbringing and paid 1,000 yuan a month as support, while retaining the right to visit her son. 4. After the signing of the agreement, Zhang Dazhuang and Hou Hong terminated the “husband and wife” relationship, and neither party has the right to interfere with the other party’s private life.
After the agreement was signed, everything went according to plan: Hou Hong returned 120,000 yuan to Zhang Dazhuang, the two went through the marriage registration procedures, and Nan Nan’s household registration fell into Zhang Dazhuang’s family. In the next step, the two should go to divorce registration, and then go back to their respective homes.
But Zhang Dazhuang suddenly regretted it, refused to agree to the divorce, and asked Hou Hong to move back to Zhang’s house.
It turned out that Zhang Dazhuang regretted it long ago. During these years, he obeyed Hou Hongyan, and at the same time developed a mentality of dependence. After he found out that Nan Nan was not his own son, he was furious, but he didn’t expect to make trouble to this point. After Zhang Hong moved away from the Zhang family, the warmth of the past disappeared, and he was very disappointed.
After the two went through the marriage registration procedures, Zhang Dazhuang privately said to his parents: “I don’t want to divorce Hou Hong.” The parents were very annoyed and said angrily that if he didn’t divorce Hou Hong, he would ignore his affairs in the future. But in the end, the parents still couldn’t hold back their son.
Zhang Dazhuang disagreed with the divorce, but Hou Hong thought it would be better to leave. Back then, she did choose to date Zhang Dazhuang only after she broke up with her. She felt that she had never really established a relationship with him in these years. In addition, Nan Nan is not Zhang Dazhuang’s biological son.
Hou Hong decided to cut the mess quickly, and filed a lawsuit with the local court, claiming that her relationship with Zhang Dazhuang had broken down, and asked the court to rule them for divorce; her son Nan Nan was raised by Zhang Dazhuang, and she paid 12,000 yuan a year in child support.
”Hou Hong is obviously the one at fault. Now that I forgive her, she still sues me?” Zhang Dazhuang was heartbroken, and his parents kept persuading him to divorce, so he completely gave up on reuniting with Hou Hong.
He also found a lawyer and filed a counterclaim to the court, expressing his agreement to divorce Hou Hong and requesting the dismissal of Hou Hong’s other claims.
Zhang Dazhuang counter-claimed that after identification, Nan Nan was not his own child, and he decided not to raise him anymore. In addition to the dispute over the dowry money between the two parties has been resolved, he incurred various expenses of 260,000 yuan in order to raise Nannan, and requested the court to order Hou Hong to pay it, and at the same time asked Hou Hong to pay 100,000 yuan in compensation for mental damage, and to undertake the lawsuit of this case cost.
There are two issues to be dealt with in this case: one is whether the marital relationship between Hou Hong and Zhang Dazhuang has broken down; the other is who should raise Nan Nan, and whether Hou Hong should return the child support paid by Zhang Dazhuang.
The first question is not complicated. Zhang Dazhuang and Hou Hong have a poor marriage foundation. The purpose of their marriage is not based on feelings, but to register their children. Both parties agree to divorce. Therefore, Hou Hong’s appeal to the divorce court should be supported. .
The second problem is more complicated. Although the two parties agreed that Nan Nan will be raised by Zhang Dazhuang, Zhang Dazhuang has no legal obligation to raise Nan Nan, and Hou Hong should raise Nan Nan as his biological mother. Their agreement on identity relationship does not take legal effect and is not binding on both parties. Therefore, Hou Hong should return the child support paid by Zhang Dazhuang, but should distinguish between fraudulent child support and friendship child support, which is the legal focus of this case.
The so-called fraudulent upbringing means that non-biological parents are cheated by others to raise non-biological children. Because the actual caregiver has no legal duty of support, the raising of non-biological children will inevitably cause property losses, while the legal support obligor evades the responsibility of support and reduces property losses.
According to the principles of fairness and justice, public order and good customs, the fraudulent child support should be returned.
If the child’s biological father also knows about it, he and the child’s biological mother are joint frauds and constitute a joint tort, and the biological mother and biological father should bear joint and several tort liability.
Judging the fraudulent party to return child support is conducive to guiding good customs and promoting family harmony and stability.
The so-called friendship support refers to the fact that the actual supporter voluntarily raises the non-biological child due to emotional factors. This is a gratuitous payment, not restricted by the rights and obligations stipulated by the law, and does not generate legal rights and obligations. The petition for the return of friendship support cannot be supported.
As far as this case is concerned, Zhang Dazhuang’s raising his son without knowing that his son is not his own is fraudulent raising, while he still insists on raising his son knowing that his son is not his own is affectionate raising. The former part of the payment should be returned, and the latter part of the payment cannot be returned.
Based on the facts of the entire case, the court analyzed and determined that the fraudulent support accounted for 60%. According to the relevant provisions of the Civil Code of our country, it made a judgment on the lawsuit and the counterclaim: Hou Hong and Zhang Dazhuang were allowed to divorce, and Nan Nan was raised by Hou Hong and assumed the
upbringing As for the fee, Hou Hong started to perform the maintenance obligation within 5 days after the judgment took effect. Hou Hong paid Zhang Dazhuang alimony of 156,000 yuan from the date of Nan Nan’s birth to the time he made it clear that he would not support Nan Nan; other requests of Hou Hong’s original lawsuit and Zhang Dazhuang’s counterclaim were rejected.
After the court’s judgment was made, neither Zhang Dazhuang nor Hou Hong appealed, and Hou Hong voluntarily fulfilled his obligation to pay the judgment.
A few days later, Zhang Dazhuang sent Nan Nan to Hou Hong’s side. When he left, he heard Nan Nan’s immature voice behind him: “Father, goodbye!” Will come to visit Nannan again. He knew that after this farce, everything could not go back. If he didn’t let go, the child’s situation might be even more embarrassing in the future.
The infringement of “fraudulent parenting” not only seriously infringes on the personal dignity and parenting interests of the defrauded person, but also easily causes serious harm to minor children and affects their physical and mental health.
Home and everything are prosperous. The Civil Code advocates that families establish a good family tradition, carry forward family virtues, and attach importance to the construction of family civilization. Husband and wife should also be faithful to each other, respect each other, love each other, and jointly maintain an equal, harmonious, and civilized marriage and family relationship.