Woman Records Husband's Infidelity But Court Says No Divorce
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Suspecting that husband was cheating on her, woman placed a recorder in her husband's bedside table. Everyday when her husband wake up and leave, she will take it and listen for seven hours. One day she heard exactly what she was suspecting, husband talking dirty to another woman whom she found out that he's had a relationship with for months.
She filed for divorce, but the court rejected case and refused to accept her evidence because it is based on violation of personal privacy. So what exactly happened?
Ms. Wang, 31, is from Xi'an. She married Zhang in 2013 and both worked in an enterprise. They had a son in February the following year.
Shortly after marriage, Zhang was transfered to work in Jiangsu Province. Ms. Wang said that at first he was going to work for about 10 days and each time he will come back to Xi'an and spend three or four days with them. But as time passed by, the number of times he was going back to Xi'an dwindled, and the length of each stay became shorter and shorter.
She didn't share a bed with her husband when he came back to visit them because she slept with her son and Zhang slept in another room. She later found that Zhang sometimes acted suspiciously when answering his phone, and so she suspected that her husband was cheating and began a huge quest looking for evidence.
One time when Zhang came back home, Ms. Wang noticed he was too drunk and slept off so she guessed his mobile phone password and got access to his personal space. That's when she discovered that her husband's phone was full of photos and videos of him with another woman, as well as hotel records.
"It was as if the two were a couple living together and travelling together frequently," she said.
But that was not enough, she wanted to catch him with solid evidence so she planted a recording pen on Zhang's bedroom, right inside the bedside table to record all the conversations he will be having during the night.
As to her imagination, one night she managed to record a not so safe call between her husband and another woman, of which she described as "naked chatting." (Translated directly from Mandarin).
In April 2019, Ms. Wang filed a lawsuit with the people's Court of Weiyang District of Xi'an City, asking for a divorce from Zhang, she demanded custody for their child, and asked that their house should be given to her, other properties must be divided equally between them.
She submitted to the court some screenshots and videos, audio recordings and vacation pictures which she downloaded from Zhang's mobile phone, showing clearly him and another girl enjoying vacations in Chengdu, Inner Mongolia and many other places as evidence.
Despite infidelity, she also cited domestic violence, alcohol abuse, and other bad habits as reasons for her asking for a divorce.
Her husband though, disagreed and said that he was just working out of the city in order to provide for his family. He added that he even applied for and pleaded the company to transfer him back to Xi'an, and his wife's claim is based on pure suspicion.
As for the evidence provided by Ms. Wang, the court held that although the two were husband and wife, they still enjoyed the right of privacy as independent individuals in the marriage. The defendant's mobile phone was an object of his personal privacy and so he set up a password. The plaintiff violated the defendant's privacy rights by guessing his password. Therefore, the court can not recognize the validity or legality of the evidence presented by the defendant.
Furthermore, the recording evidence provided by the plaintiff also violated the defendant's privacy right, and its legality was not recognized by the court, and it was also declared invalid.
The court ruled that the two were in an unforced relationship and had a good marriage foundation. Therefore, all the claim by the plaintiff had no corresponding evidence and if there was any, the court did not support it.
Although the plaintiff and the defendant are living in different places, they should understand each other's present situation and help each other when they are separated from each other for a long time. Weiyang District People's court, therefore, rejected Ms. Wang's application for a divorce.
On December 10, in an interview with a reporter, Ms. Wang said that she kept the recorder in the room where Zhang was sleeping for seven days. Every night, before Zhang came back, she put the recorder in the bedside cabinet. In the morning, after he left, she took the recorder and played it back to find evidence.
"Every time I record for seven or eight hours, I basically listen to the recording while I am working during the daytime, and charge the recorder at night , put it back when it is fully charged. There was no interesting content in the first six nights. On the seventh night, I finally got to record the audio of Zhang's 'naked chatting' with another woman." (Translated directly from Mandarin Chinese)
Ms. Wang believes that mutual loyalty is the basis of marriage, and what she provides is very important evidence. Unexpectedly, the court does not support it.
In June 2020, Ms. Wang filed a separate lawsuit at another court in Xi'an, just six months after the judgment by the first court.
Lianhu District People's Court of Xi'an has scheduled to hear the case by mid December. I don't know what the result will be, but I hope that they will reach an agreement that will be meaningful to both and their own child.
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Source: China business news
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