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A British wife sues her husband for bigamy in China
Apr 9, 2013 04:52
  • CHERRY07
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The following is translated from a Chinese report:

Mary and Jerry have been married for more than 20 years. Mary has given birth to four girls for Jerry and their oldest daughter already enters the society. Mary sacrifices too much for her family. She becomes a housewife in order to take care of her family.

Jerry came to China to seek his fortune in September of 2005. Jerry came back to his wife in November. He told her his company was formally open and that he found a Chinese girl called Ms. Luo as his partner. In December, Mary came to China and visited her wife’s company with her oldest daughter. She met Ms. Luo and talked to her several times. Ms. Luo knew Mary and Jerry had four daughters.

From then, Jerry stayed in China to take care of his business and Mary took care of their family in the UK until Jerry came back to UK in October of 2006. Jerry went out for something urgent some day and forgot to turn off his laptop. Mary found out that her husband had a relationship (beyond workmates) with Ms. Luo by chance. Jerry called Ms. Luo Lao Po (wife) and Ms. Luo named Jerry Lao Gong (husband). What’s worse, she was pregnant. Mary was very angry and quarreled with Jerry. Jerry said “It’s not a big deal” and flew back to China.

Mary and Jerry quarreled many times so that their relationship was getting worse and worse. Jerry stayed in China and didn’t answer Mary’s calls. Ms. Luo did. She told Marry “Jerry is my husband. He won’t give you money or have sex with you. Instead, he will kick you out. You shouldn’t have bothered us anymore.”

It’s been more than six years since Mary learnt about her husband’s disloyalty. However, she still hopes Jerry can come back to her even Ms. Luo gives birth to two babies for Jerry. Jerry has no wish to come back to Mary. He enjoys being with Ms. Luo very much though they didn’t get married legally in China. He always asked Mary to calm down. Once he pled to Mary that he wanted to spend the Christmas Day with Mary, Ms.Luo and his children. Mary couldn’t believe he dare ask her to do that. Since then, Mary realized that Jerry wouldn’t come back no matter how hard she tried to save their relationship.

Mary came to Guangzhou alone in March of 2012. She consulted with a local lawyer and then reported Jerry to the police station. She hoped that Jerry and Ms. Luo could be punished for what they had done to her. Jerry didn’t care. He called Mary’s lawyer and told him that he and Ms. Luo didn’t commit any crime. “There are more and more people who maintain such a relationship like Ms. Luo and I. You and Mary can’t do anything to me.”
Apr 9, 2013 04:53
#1  
  • CHERRY07
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Well, the local police station and court never met any case like this before. So Mary and Jerry case was suspended until the beginning of 2013. The local police detained Jerry and Ms.Luo and the investigation commenced. Considering that Ms.Luo had to take care of her two children, she was allowed to leave after obtaining a guaranteed pending trial.

Jerry’s families learnt that he was detained. Therefore, they condemned Mary for sending her husband to the detention house. Meanwhile, Jerry’s daughters were worried about their dad. Mary regretted and determined to withdraw her charge. However, she was told that bigamy is a criminal wrong in China. Plus, a public prosecution was imitated and couldn’t be withdrawn. Then she wrote a letter and asked her lawyer to submit to the prosecutor. In the letter, she says she has forgiven her husband and pleads that her husband won’t be investigated for his criminal liability.

So far, the case still remains unclosed. According to Mary’s lawyer, Jerry wouldn’t be allowed to enter China if he was found guilty of bigamy. Ms. Luo couldn’t visit the UK for the same reason. What’s more, Ms. Luo might be sentenced to be imprisoned for two years at most.

Mary, Jerry, Ms. Luo and their children are all the victims. It is really a good lesson for them. But some other people should learn from their case too.
Apr 17, 2013 20:14
#2  
  • WANHU
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Cherry. if they are not legally married in China, why they are charged under bigamy?
Wan
Apr 18, 2013 02:26
#3  
  • CHERRY07
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Dear Wan,

I spent some time digging information about “bigamy in China” on the internet. Now I’d like to share it with you. In fact, it is too complicated and I am not sure if I can state it clearly.

There are legal bigamy and de facto bigamy in Chinese juridical system. People who conduct the following two acts commit legal bigamy:
1. A person who has a lawful husband or wife enters a marriage with another person who doesn’t have a lawful wife or husband.
2. A person who doesn’t have a lawful wife or husband enters a marriage with another person who already has a lawful husband or wife.

PS: here “enters a marriage” refers to register their marriage at the civil affairs bureau according to Chinese marriage law.

What is de facto bigamy? De facto bigamy has something to do with de facto marriage. The de facto marriage refers to “a man and a woman who don’t have a lawful wife or husband cohabit together as a couple but don’t register at the civil affairs bureau according to Chinese law.”

How can we judge a marriage is de facto marriage or illegal cohabitation? De facto marriage has the following characteristics: First, both sides must not have a lawful wife or husband. If any of them have a lawful wife or husband, they commit de facto bigamy. Second, both sides must treat each other as a couple (meaning they do what couples do). Third, they have public husband and wife identities. It means that they live as a couple and people around them regard them as a couple. Forth, they meet the marriage requirements but didn’t register their marriage at the civil affairs bureau.

Apparently, Jerry doesn’t commit legal bigamy because he doesn’t register with Miss Luo at the local civil affairs bureau. Does he commit de facto bigamy? Yes. Pay attention to the “first” in the above paragraph. If any of them have a lawful wife or husband, they commit de facto bigamy. Jerry has a lawful wife in the UK.

Thus, I think Jerry commits de facto bigamy.
Apr 22, 2013 14:42
#4  
  • WANHU
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From the research done by some students, akhund in China some of them have more than one wives. Is this allowed in China? What's the difference between bigamy and polygamy?
Wan
Apr 23, 2013 01:59
#5  
  • CHERRY07
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Wan,

I don't know some akhunds in China have more than one wife. But I definitely know that it is not allowed based on Chinese marriage law.

In fact, many people have more than one woman in China. Those rich and powerful people keep mistresses. These women are not their wives but they perform the role of a wife.
May 1, 2013 05:40
#6  
  • WANHU
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Maybe you can travel more to the Northwest and see, such as in Qinghai, Gansu... etc.
Wan
May 4, 2013 02:37
#7  
  • CHERRY07
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Quote:

Originally Posted by WANHU

Maybe you can travel more to the Northwest and see, such as in Qinghai, Gansu... etc.
Wan


To be honest, I haven't been to the Northwest part of China.
May 10, 2013 04:11
#8  
  • WANHU
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Probably I have travelled to more places in China than you.
Wan
May 12, 2013 21:01
#9  
  • CHERRY07
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Quote:

Originally Posted by WANHU

Probably I have travelled to more places in China than you.
Wan


That's for sure. You have been to many places than me. You have been abroad many times. I never had such a chance.
May 20, 2013 17:07
#10  
  • WANHU
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Before travelling to China, most of my travels were due to my job. Travelling to China, some are for my official duties but most of the time for leisure and healthcare.
Wan
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