Man Files for Divorce After Seeing Make-up Free Wife
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One man in Guangzhou fell in love with a girl he met online and after 'dating' for three months they got married. To show his love for her, he gave 200,000 yuan to bride's side as a gift from the groom.
However, during their honeymoon he found that the make-up free wife was totally different from the goddess he used to know. The difference between the two was so huge that made him unable to accept the situation at the moment and felt cheated.
According to him, the girl's behaviour constituted fraud and so he took her to court. He filed for divorce and asked for his 200,000 yuan back.
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According to the wife, she said that the man took an oath and promised to accept her and tolerate everything about her. How come now he says he can't recognize her after taking off makeup?
Husband in turn asked his wife to look at her pictures. He insisted that the person in the pictures is not the same person as her and called her a fraud. He asked for divorce and return of the 200,000 betrothal gifts.
Lawyer Feng Mengting of Guangzhou Jinpeng law firm explained this situation as follows:
Article 1042 of the civil code "forbids obtaining property through marriage," it essentially forbids the act of buying and selling for marriage or asking for "high price betrothal gifts" on the pretext of marriage.
However, betrothal gifts which are paid voluntarily by both men and women according to customs and traditions, are not prohibited as long as they are not beyond the means of the person giving gifts.
Since the man gave the betrothal gift voluntarily and the two have already registered to get married and live together, the man have the right to ask for divorce while the woman retains the right to keep the betrothal gifts. After all, marriage is not shopping so there is no such a thing as "seven days return" policy.
Court
The court also ruled against the return of betrothal gift.
So, what does the Civil Code say about betrothal gifts? Below is the interpretation of betrothal gifts in the Civil Code.
1. First of all, betrothal gifts are gifts given by the man to the woman before marriage, which refers to customs and traditions practiced since ancient times. There is no clear stipulation about betrothal gifts in the civil code.
2. Article 1042 of the civil code of the People's Republic of China stipulates that it is forbidden to arrange, buy or sell marriage and other acts interfering in the freedom of marriage. It is forbidden to ask for property through marriage. Therefore, those who pay betrothal gifts according to customs and traditions should do so within an acceptable range, and should not use buying or selling in the name of betrothal gifts, arrange marriage or interfere with the freedom of marriage.
Conditions for the return of betrothal gifts:
1. If both parties fail to go through marriage registration procedures;
2. If they go through marriage registration procedures but have not lived together, they may ask for the return of betrothal gifts in divorce proceedings;
3. If after giving out the gift, the giver's life became difficult as a consequence, they may also ask for the return of betrothal gifts in divorce proceedings.
Conditions where betrothal gifts can not be returned:
1. Both men and women live together for more than two years without going through marriage registration procedures;
2. Both parties fail to go through marriage registration procedures and live together for less than two years, but have children;
3. The betrothal gifts received have indeed been used in their life together.
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