What's the matter with girls suing their parents for marriage? Freedom of marriage and love is the basic right enjoyed by citizens, so for parents, don't interfere with their daughters too much. But for a daughter, should we think twice about a marriage that is not blessed by her parents?
Because they don't like their daughter's son-in-law, a couple of parents in Chancheng refused to provide a household register for their daughter to register! After many negotiations between their daughter and their parents, they sued their parents in court on the grounds of "infringing upon the autonomy of marriage". Recently, the Chancheng court ruled that the daughter won the lawsuit. The parents should provide the daughter with the original household register.
Dissatisfied with my son-in-law
Parents refuse to apply for marriage certificate to daughter of household register
Xiao Zhang (pseudonym) and her boyfriend Xiao Li (pseudonym) have been in love for five years. At the end of 2014, Xiao Zhang considered that she was of marriageable age and had a stable relationship with Xiao Li, so she planned to register for marriage, so she contacted her parents to ask for a household register so that she could go through the marriage registration procedures.
Unexpectedly, the marriage was opposed by parents. It is understood that Xiao Li is 11 years older than Xiao Zhang. Her parents always dislike Xiao Li as 11 years older than her daughter, and they don't believe that the man can take care of the woman, so they firmly disagree with their association.
Xiao Zhang said that she had consulted her parents many times but failed, so she asked the community neighborhood committee where her household registration was located to mediate their dispute. On July 17, 2017, Xiao Zhang, Xiao Li and Xiao Zhang's parents participated in the mediation organized by the staff of the neighborhood committee in the office of the community neighborhood committee, and finally reached an agreement.
However, when Xiao Zhang later asked his parents to provide the household register, his parents regretted and refused to provide it again. However, at that time, Xiao Zhang, 26, filed a lawsuit with the Chancheng Court on the ground that her parents' behavior seriously violated her marriage autonomy, requesting her parents to provide her with the household register and assist her in handling the marriage registration procedures.
In the trial, Zhang's mother attended the court proceedings, while Zhang's father, summoned by the court according to law, did not attend the court to answer the case without proper reason. As for her daughter's statement, Zhang's mother said that Xiao Zhang was a positive and optimistic girl from childhood, when he was a man of excellent character and learning, to college. However, since I met Xiao Li, my mental state has been abnormal, even missing. She and Zhang's father have never opposed Xiao Zhang's marriage autonomy. As a mother, she would like to see her daughter start a family and have a happy family. Therefore, Xiao Zhang claims that there is no factual basis for his parents to refuse to provide the household register and oppose his marriage.
Court decision
Parents' behavior infringes on their daughter's marriage autonomy
After hearing, Chancheng court held that, according to the marriage law of the people's Republic of China, it is prohibited to arrange, buy and sell marriage and other behaviors that interfere with the freedom of marriage. Xiao Zhang has reached the legal age of marriage, and his parents are required to provide a reasonable and legal household register for the registration and marriage procedures. Xiao Zhang's parents refused to provide him with a household register, which made him unable to register for marriage. Their actions violated Xiao Zhang's marriage autonomy. Xiao Zhang's parents shall provide the household register to Xiao Zhang for marriage registration. Xiao Zhang shall return the household register to his parents in time after use.
The Court pointed out that after mediation, no agreement could be reached. In order to protect the legitimate rights and interests of the parties, the court finally decided that the parents of the defendant Xiaozhang should provide the household register (original) to Xiaozhang for marriage registration.
It is reported that after the verdict, Xiao Zhang's parents still thought Xiao Li was happy and continued to refuse to provide an account book to register her daughter's marriage. In order to avoid all kinds of unnecessary family injury, during the execution process, the judge specially issued a notice to assist in the execution, and personally went to the public security organ to retrieve Xiao Zhang's household registration certificate (the material is equivalent to the nature of the household register, which is used to verify the household registration information of the marriage applicant). On the day of transfer, in order to facilitate the implementation (marriage), Xiao Li, their fiance, was also informed to attend the meeting (marriage registration office in Chancheng District). Therefore, on the same day, they provided ID cards and household registration certificates transferred by the court, and successfully completed the marriage procedures with the accompaniment of the judge.
Judge reminded
Parents should respect their children's freedom of marriage
The judge reminded that the concept of 'matrimonial autonomy' was written into the Constitution in 1978 and established as an individual right defined in the civil law in 1986. Citizens enjoy the right of freedom of marriage according to law, that is, the right of citizens to marry or divorce voluntarily according to their own will without interference by others. In this case, Xiao Zhang has reached the legal age of marriage and enjoys the right of marriage autonomy. Parents care about their children's marriage, which is not malicious in itself. However, if parents interfere with their children's marriage choice excessively against their children's wishes, it is likely to become a kind of domestic soft violence, causing harm to their children's physical, mental and family relationship.
The judge said it was true that parents wanted their children to find the right partner and their marriage to be happy. But marriage is a lifelong thing. The children's personal wishes and choices should be put first. Parents should respect their children's freedom of marriage and love more, guide them from the side, do not participate in them excessively and interfere with their children's choices.
Counsel advice
The man should take the initiative to mend the relationship
Chen Baiwei, a lawyer from Guangdong Baohui law firm, said that it is not uncommon for "beating the ducks with a stick", but few people would seek legal help. The case provides a good guide for the individual whose independent rights of marriage have been violated.
At the same time, the case also reflects a deeper problem, that is, the lack of communication between parents and their children in daily life, the parents are not confident about their children's marriage spouse, and believe that the children have not grown up to identify the good and the bad. Therefore, the fundamental solution is to strengthen the communication with parents, and the man should also take the initiative to repair the relationship with the woman's parents after marriage.
'the parents' practice is also out of good intentions. In order to get married, they must cut off their parents' affection and contacts. This is not a result we want to see. 'he said.