“發現她檢查出來這個病後，我掏錢帶她去治療，從結婚到治療陸陸續續花了約50萬元。”江西南昌縣的羅先生說，婚後不久，妻子李女士便檢查出有先天性雙子宮加單側腎缺失，他懷疑妻子故意隱瞞，再加上對方不願繼續共同生活，於是選擇離婚。

　　考慮到因結婚導致家庭困難，家中還欠有外債，羅先生想將部分彩禮及黃金鑽戒追回。經一審法院判決，李女士應返還部分彩禮4萬元和鑽戒一枚，羅先生對此判決感到不滿，於是提起上訴。“一審我要80%的彩禮黃金，二審我只要求50%—60%。”他說，目前二審已開庭，正等待最後的結果。

Party:

The relevant tests were not done at the time of the marriage examination

The woman did not mention it

　　今年31歲的羅先生告訴記者，李女士比自己小四歲，兩人是相親認識的，婚前同居。2023年10月份，他與李女士舉行婚禮並同居，給付了女方26.8萬元彩禮及黃金鑽戒。

Soon after getting married, he discovered that Ms. Li had a physical problem, "She kept menstruating, and she kept coming. Subsequently, he was examined at the local maternal and child health hospital and found that he was born with a double uterus and unilateral renal deficiency.

Mr. Luo said that after learning about Ms. Li's condition, he immediately took the other party for treatment, but after a period of treatment, the woman was reluctant to cooperate with the treatment for some reason, and was unwilling to live with him.

He claimed that he did not do the relevant tests during the marriage examination, and the woman did not mention it, so he did not know that the woman had the disease. After getting married, Ms. Li was only treated by drinking traditional Chinese medicine, and after two courses of treatment, it still had no effect. When recalling living together, Ms. Li also mentioned that she didn't want children, but he didn't care, and now that she thinks about it, she may be hinting that there is something wrong with her physical condition.

Later, Mr. Luo and his family went to the woman's home and wanted Ms. Li and Mr. Luo to continue living together, but the woman's parents were resolute. "Then I said that I didn't want to live together, so I got together and got a divorce certificate." Mr. Luo said that he had not returned the bride price to the other party until he sued.

　　羅先生說，開庭時女方堅稱不知道自己婚前患有先天性疾病，自己也沒有在起訴前質問其為何隱瞞。他表示，結婚加治療費用大約花費了50萬元左右，父母每月工資不過幾千元，幾乎掏空了家裡的積蓄，其中有部分是父母找親戚借的錢。這件事也對他和家庭產生了影響，“左鄰右舍會議論你，現在經濟條件不允許也不打算再婚”。

　　目前他的訴求是返還彩禮跟黃金首飾等，“像結婚時的紅包錢等我都沒要，一審我只要80%，判給我彩禮4萬元和鑽戒。二審我要求50%—60%，二審結果暫時沒出來。”他補充說，現在他缺少女方提前知曉自己身體情況，隱瞞先天性疾病的證據。

He considered himself to have fulfilled his responsibilities as a husband during his marriage.

Lawyer: Congenital double uterus single kidney

It does not fall under the category of "critical illness" as clearly defined by law

　　受訪者提供的判決書顯示，一審法院認定事實為，原告羅先生與被告李女士於2023年9月22日登記結婚，當年10月2日舉行婚禮後開始同居生活。

　　為締結婚姻關係，羅先生向女方支付26.8萬元，並給付兩條黃金項鍊、一根黃金手鏈、一個黃金手鐲、一枚黃金戒指、一對黃金對戒、一枚鑽戒，其中黃金首飾花費45901元，鑽戒花費16150元。陪嫁物品價值1.5萬元。

Verdict Photo/provided by the interviewee

　　同時查明，經江西省婦幼保健院診斷，李女士先天性雙子宮雙宮頸，單側腎缺失。2024年6月13日，雙方因感情不和，辦理了離婚登記。

　　該院認為，羅先生支付的26.8萬元應屬高額彩禮，兩人共同生活時間較短，婚姻長期共同生活的目的並沒有達成，被告應返還部分彩禮4萬元和鑽戒一枚。

In this regard, Fu Jian, director of Henan Zejin Law Firm, believes that according to Article 1053 of the Civil Code: if one party suffers from a major illness, he or she should truthfully inform the other party before marriage registration; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.

As for major diseases, referring to the relevant provisions of China's Maternal and Infant Health Care Law, congenital double uterus and single kidney do not belong to the category of "major diseases" clearly defined by law. However, concealment of the illness is not a legal reason for the return of the bride price, and the key to whether the husband can claim the return of the bride price lies in the impact of the common living situation and the bride price payment on the husband's family economy. In Mr. Luo's case, the court ruled that the husband should return part of the bride price and a diamond ring based on the short period of time they had lived together and the bride price was huge, which led to financial difficulties for the husband's family.

It said that the man could collect evidence of the woman's concealment of illness, such as chat records, medical records, etc. It is also possible to negotiate with the woman and her family to request a partial return of the bride price. If the negotiation fails, and the husband has evidence to prove that he or she has difficulties in living due to the payment of the bride price, he may resubmit the evidence to the court.

Transferred from | Nine factions of news

Source: Nanguo Jinbao