Revised February 14, 2022
Supplementary Case Examples
Set #7-1
Similar to the immediately preceding examples, “…whether or not marital affection has indeed broken down is the sole standard by which divorces are granted or denied” (Decision #209790, Lushan County People’s Court, Henan Province, September 1, 2009, Case ID (2009)鲁民初字第597号, archived at https://perma.cc/J2EJ-DCQB).
As a final example of thousands of similar holdings, “…the standard for divorce should be the complete breakdown of mutual affection” (Decision #822283, Huangchuan County People’s Court, Henan Province, May 30, 2012, Case ID (2012)潢民初字第284号, archived at https://perma.cc/74DK–U59A).
Set #7-2
“The plaintiff and defendant chose to marry freely, and the foundation of their marriage is relatively good. Family trifles caused this dispute. Marital relations can improve provided both sides overcome their shortcomings, show mutual understanding, forgiveness, and accommodation, and improve their communication. For this reason, the plaintiff’s petition does not satisfy statutory legal conditions stipulated by law for granting a divorce, and the court denies support of it” (Decision #2975515, Shaoxing Municipal Yuecheng District People’s Court, Zhejiang Province, June 16, 2014, Case ID (2014)绍越民初字第2004号, archived at https://perma.cc/U3GH-9897).
Set #7-3
“For the sake of maintaining social harmony, stability, and the solemnness of marriage, the court denies support of the plaintiff’s petition” (Decision #318319, Xinyang Municipal Pingqiao District People’s Court, Henan Province, June 7, 2010, Case ID (2010)平民初字第178号, archived at https://perma.cc/HQV8-PV5T).
“Husband have wife have lived together for almost twenty years and have two daughters. The defendant’s desire for reconciliation is extremely strong. For this reason, in order to keep the family intact and harmonious, and for the sake of the children’s healthy upbringing, the court denies support of the plaintiff’s divorce petition” (Decision #316703, Hua County People’s Court, Henan Province, June 8, 2010, Case ID (2010)滑民初字第242号, archived at https://perma.cc/HJC6-TZXH).
“Family is the cell of society, and a civilized and harmonious society can only be constructed on top of the harmony and happiness of every family” (Decision #836898, Xia County People’s Court, Henan Province, October 17, 2011, Case ID (2011)陕民初字第787号, archived at https://perma.cc/5YYC-CGGF).
“Family is the cell of society, and only family unity and mutual assistance can bring forth social stability and harmony” (Decision #821918, Luoyang Municipal Luolong District People’s Court, Henan Province, June 29, 2012, Case ID (2012)洛龙白民初字第515号, archived at https://perma.cc/422G-XTFM).
“Husband and wife should show mutual understanding, forgiveness, and accommodation, help each other, and protect equal, harmonious, and civilized marital relations” (Decision #1013753, Biyang County People’s Court, Henan Province, July 5, 2013, Case ID (2013)泌民初字第717号, archived at https://perma.cc/XH6W-SNCM).
“Although the defendant’s drunken babble has made the plaintiff and her family discontent, in the end the defendant only talks this way when he is drunk, and whether or not the defendant means what he says should be judged according to his real behavior. In deciding to protect the marriage of the plaintiff and defendant, the court proceeded from the perspective of the interests of social stability and family harmony” (Decision #1067414, Gushi County People’s Court, Henan Province, November 10, 2013, Case ID (2013)固民初字第1621号, archived at https://perma.cc/6LFD-W95V).
“The court holds that marital affection is the basic element for the maintenance of marital life, and family stability is the foundation of social stability” (Decision #1261011, Taikang County People’s Court, Henan Province, September 19, 2014, Case ID (2014)太民初字第1505号, archived at https://perma.cc/V4DJ-YKUR).
“The family is the basic unit of society, and harmonious families are the bedrock of social stability” (Decision #1170398, Zhengyang County People’s Court, Henan Province, May 6, 2014, Case ID (2014)正民初字第432号, archived at https://perma.cc/N96V-J6LC).
Set #7-4
In a similar case, the defendant responded to six photographs submitted by his wife—which she claimed “proved the defendant carried out domestic violence”—by stating, “it wasn’t the defendant who beat her.” The court refused to affirm the probative value of the photographic evidence on the grounds that it did not prove that the defendant caused the injuries in the photographs, and ultimately denied the plaintiff’s divorce petition (Decision #1385517, Yuanyang County People’s Court, Henan Province, February 10, 2015, Case ID (2015)原民初字第74号, archived at https://perma.cc/4BN2-STQ7).
Set #7-5
In response to a female plaintiff’s claim—supported by medical documentation and photographic evidence—of a head and facial injury sustained by the defendant’s physical abuse, the defendant responded, “Because the plaintiff took the wrong goods [for their sesame oil business] and refused to admit it, I only tugged at her, and she fell on the ground, which caused her head injury.” In its holding, the court declared that, “physical conflict between the two sides occurred, but did not cause serious injury, and the court cannot affirm that the defendant carried out domestic violence against the plaintiff” (Decision #1331738, Fengqing County People’s Court, Henan Province, December 14, 2014, Case ID (2014)清民初字第1956号, archived at https://perma.cc/2T2H-PQXE).
“The plaintiff submitted the following evidence:…(4) an X-ray report proving that the defendant beat her and caused her to suffer a bone fracture; and (5) 11 photographs proving the injuries caused by the defendant’s violence. The defendant…objected to Items 4 and 5, stating his opinion that the bone fracture and other injuries could have been the result of the plaintiff’s falling down on her own” (Decision #974005, Weihui Municipal People’s Court, Henan Province, March 29, 2013, Case ID (2013)卫民初字第9号, archived at https://perma.cc/AEL9-4T9E).
“The defendant found more ways to make trouble for me, even beating me for no reason. On March 17, 2008, the defendant attacked me without cause and stabbed me with a knife. As a result, I was hospitalized for over ten days. Because of my concern about my family’s reputation and particularly about any negative influence on our daughter, I did not report this incident to the police. But my mercy and concession to the defendant were not returned. The defendant has given me grief to no end and often says that eventually he will kill me. I live the entirety of every day in terror….The plaintiff submitted the following supporting evidence:…(3) a copy of medical records proving that the defendant injured the plaintiff on March 7 [sic], 2008 by stabbing her buttocks….The defendant believes that mutual affection has not broken down and hopes to continue to maintain this marriage with the plaintiff….In response to the evidence, the defendant…made no objection to the authenticity of Item 3 but stated that it does not prove that the defendant physically abused the plaintiff….Regarding the evidence, the court affirms…that Item 3, on the basis of the defendant’s response, proves the plaintiff’s injury but not its cause….” (Decision #4753997, Deqing County People’s Court, Zhejiang Province, September 25, 2016, Case ID (2016)浙0521民初3257号, archived at https://perma.cc/QDB3-Z49M).
“The plaintiff submitted the following supporting evidence to the court:…(2) medical records, a CT scan report, photographs, and a police visit receipt to prove that the defendant carried out domestic violence and that the plaintiff reported it to the police substation. The defendant stated that there had been no domestic violence, that mutual affection between the plaintiff and defendant was still good, and that the defendant did not consent to divorce….The court finds that…the defendant raised objections, stating that the plaintiff’s claim of an injury was false and moreover that it had nothing to do with the defendant. In the absence of additional evidence, the court excludes the submitted evidence on the grounds that it fails to link the injury to the defendant” (Decision #2414811, Wenling Municipal People’s Court, Zhejiang Province, February 17, 2012, Case ID (2012)台温民初字第50号, archived at https://perma.cc/JB39-SNAX).
“When the plaintiff and I were in the middle of an argument, the plaintiff fell on the ground and sustained injury. I didn’t do it” (Decision #2398429, Lin’an Municipal People’s Court, Zhejiang Province, March 12, 2012, Case ID (2012)杭临昌民初字第84号, archived at https://perma.cc/6AXW-VMMV).
“Plaintiff’s statement:….On August 31, 2013, the defendant, arguing over some trifle, cut me with a knife causing injuries in multiple places, including a leg tendon rupture, which required inpatient hospital treatment….Defendant’s statement: The plaintiff’s statement is false. Owing to the plaintiff’s disloyalty to our marriage, we had a dispute. The plaintiff grabbed a cleaver to cut me, but accidentally cut herself. I firmly oppose divorcing the plaintiff….The plaintiff submitted the following evidence: (1) one set of four photographs proving my leg injury; (2) one set of four photographs proving the defendant cut and injured me, causing blood spatter on the wall; (3) one set of four photographs proving the defendant used the back of a knife and his teeth to injure me on many parts of my body. Evidence Items 1, 2, and 3 prove that the defendant’s domestic violence has already gravely endangered my physical security and that mutual affection between plaintiff and defendant has indeed broken down. (4) One CD (containing four video recordings) proving that the defendant, after attacking me with a cleaver, sat alone in the living room watching television without any regard for me; that the defendant seized this opportunity to be alone with our son to lure him into choosing to go under the custody of the defendant; that I bled profusely, and wrapped a bedsheet around my wound, which left blood stains on the sheet; (5) diagnostic certification and a copy of medical records from the Shenhuo Group Company Employee General Hospital proving that the defendant cut me, causing a wound 7cm in length that reached the depth of the tendon, resulted in the separation of the lateral part of the patellofemoral ligament, and penetrated the joint cavity, and also proving that I went to the hospital alone; (6) a copy of a police interrogation record from the Yongcheng Municipal Mangshan Road Police Substation proving that, after I reported my cut injury inflicted by the defendant to the Yongcheng Municipal Mangshan Road Police Substation on September 16, 2013, police questioned the defendant, at which time the defendant admitted that we got into a fight, which caused my injury….(7) a copy of a forensic appraisal certificate proving that my physical injury constitutes a ‘minor injury’ (轻微伤)….In reviewing the evidence, the court finds that evidence items 1-4 prove that the plaintiff and defendant got into a fight, but do not prove that mutual affection has broken down. Evidence Items 5-7 meet legal requirements and are admissible….The court holds that…marital affection between plaintiff and defendant has not declined to the point that it has indeed broken down and that reconciliation remains possible” (Decision #1107101, Yongcheng Municipal People’s Court, Henan Province, October 29, 2013, Case ID (2013)永民初字第2999号, archived at https://perma.cc/9NZ9-44SM). The term “minor injury” belongs to an official medical appraisal classification system. Other examples of domestic violence injuries designated as “minor” include “diminished eye sight, broken ribs, and miscarriage as a result of external impact” (see Han, “China’s New Domestic Violence Law: Keeping Victims Out of Harm’s Way?,” p.8).
“The plaintiff submitted the following supporting evidence to the court:…(7) Documentation from the hospital clinic that prove both that the defendant beat the plaintiff and that it was a relatively severe beating. The defendant objected to the evidence submitted by the plaintiff, and stated: in marriage, physical fights and getting hurt are difficult to avoid; I did push the plaintiff, but I did not beat the plaintiff; we must clearly distinguish between pushing and beating” (Decision #3417261, Yiwu Municipal People’s Court Zhejiang Province, March 26, 2015, Case ID (2015)金义民初字第243号, archived at https://perma.cc/7VLR-MK4L).
Another plaintiff submitted a photograph as evidence to support her allegation that her husband was frequently violent towards her. After her husband responded by stating that “the plaintiff’s injury was self-inflicted, I didn’t cause it,” the court ruled that it “does not affirm the relevance of the evidence submitted by the plaintiff because it does not prove what she wants it to prove.” It then delivered a boilerplate verdict denying the plaintiff’s divorce petition and counselling them that reconciliation was possible if both sides improved their communication skills, build mutual respect, and gave more consideration to the interests of family and their son (Decision #2285958, Ningbo Municipal Zhenhai District People’s Court, Zhejiang Province, February 21, 2011, Case ID (2011)甬镇民初字第185号, archived at https://perma.cc/8SWW-UQG7).
In response to a plaintiff who submitted six photographs that she claimed “proved the defendant carried out domestic violence against the plaintiff resulting in the breakdown of marital affection,” the defendant stated, “I didn’t beat her; when we were arguing, I pulled her as she tried to leave, and she fell and injured herself.” The court sided with the defendant by ruling that the evidence “only proves the plaintiff’s injury but is insufficient to prove it was caused by the defendant’s beating” as the basis of its verdict denying the plaintiff’s petition owing to her “failure to submit evidence that marital affection with the defendant has indeed broken down” (Decision #1573098, Yucheng County People’s Court, Henan Province, June 25, 2015, Case ID (2015)虞民初字第1226号, archived at https://perma.cc/ZF4K-VTHV).
After a plaintiff submitted photographic evidence of an injury she alleged was caused by domestic violence, her husband countered that “the plaintiff’s fat lip was not from my hitting her but rather happened when she fell on the floor as I held her back because she was trying to smash the television.” The court excluded the photograph from evidence and denied the plaintiff’s petition in typical fashion: “Plaintiff and defendant became romantically involved freely and married on their own volition. Their marital foundation is fair. Although after getting married conflicts have arisen over everyday life matters, they have not influenced marital affection to the point that it ‘has indeed broken down.’ If both sides strengthen their communication, build mutual tolerance, and cherish family, there is still hope for them to reconcile. The plaintiff’s claim of the breakdown of mutual affection lacks sufficient basis and the court denies support of it” (Decision #3186905, Hangzhou Municipal Gongshu District People’s Court, Zhejiang, October 30, 2014, Case ID (2014)杭拱民初字第1661号, archived at https://perma.cc/587J-2WKU).
Set #7-6
“In the early morning of April 25, 2008, when my child and I were still sleeping, the defendant returned home and, instead of sleeping, starting cursing me, and then hit my left eye. I received treatment at the People’s Liberation Army #371 Hospital. In October 2008 I filed for divorce in court. The defendant persuaded me to drop the case by promising never to hurt me again. For the sake of our child, I gave him this one chance and withdrew my petition. After withdrawing my petition, the defendant did not fulfill his promise, and has repeatedly carried out domestic violence….The defendant did not make a statement….The plaintiff submitted the following evidence to the court….(3) seven pages of hospital clinic records proving that the defendant’s abuse caused my left eye injury, head hematoma, and two stitches to close a wound on my back; (4) a copy of a visit registered at the Nanqiao Police Substation proving the defendant’s domestic violence against me;…(7) two photographs proving a cut wound inflicted by the defendant. The defendant did not submit any evidence. The court holds that…the plaintiff’s submitted evidence is insufficient to prove the defendant carried out domestic violence” (Decision #95894, Xinxiang Municipal Weibin District People’s Court, Henan Province, July 6, 2009, Case ID (2009)卫滨民一初字第339号, archived at https://perma.cc/CT69-922B).
“Plaintiff’s statement:….In October 2010, owing to an argument, the defendant beat me ruthlessly at home. When he became too tired to beat me anymore, he threw a knife, rope, and pesticides towards me and compelled me to commit suicide. Eventually a friend rescued me. The defendant has threatened to stab me to death with a knife if he sees me. Ever since 2010 I have not dared return home. I have been drifting all over the place living as a vagrant….The defendant did not appear in court and failed to submit a statement….The plaintiff submitted the following evidence:…(2) one certificate of mediation from the Bo’ai County Bureau of Justice’s Xuliang Justice Office; (3) witness testimony from Wang X that three or four years ago, while at the Xishang market, she encountered me crying at the side of the road and asked what was wrong, that I told her I could not return home because my husband is so angry, that she let me return to her house to help take care of her child, that she occasionally gave me spending money, that for the past few years I have mostly lived at her house, that I sometimes go to the mountain, and that she has never seen anyone from my family come look for me; (4) witness testimony from Guo X that five or six years ago I lived in a temple on Shennong Mountain, that the defendant was concerned about me went there to see me, that we got into a fight in the temple, and that afterwards I went home with him. She testified that soon afterwards I called the head of the temple asking her to rescue me, that the head of the temple asked Wei X to go get me, that Wei X told her that when she found me the defendant was hitting me and put out poison, a knife, and rope, and compelling me to use them to kill myself, and that it was Wei X who rescued me in October 2010. The defendant did not appear in court to respond to the submitted evidence. In reviewing the evidence, the court finds that Items 1 and 2 are authentic and lawful, and meet evidentiary requirements, and are therefore admissible. Items 3 and 4 are insufficient to prove that marital affection has indeed broken down, and are therefore inadmissible. The defendant did not submit evidence….The court holds that the plaintiff and defendant have already built marital affection in the more than a decade of time after marriage. Trifles of life have led to arguing and hitting, but have not caused marital affection to break down” (Decision #1546194, Bo’ai County People’s Court, Henan Province, June 12, 2015, Case ID (2015)博民许初字第00030号, archived at https://perma.cc/WD6R-3X6X).
Set #7-7
In each case example in this set, the court denied the plaintiff’s divorce petition.
“Plaintiff’s statement:….On February 27, 2008 the defendant issued a pledge letter promising to stop committing domestic violence. However, the defendant has continued to carry out domestic violence….The court finds that…the defendant has even physically beaten the plaintiff, but the defendant’s actions do not constitute domestic violence. Furthermore, there is no evidence that the defendant continued to beat the plaintiff after delivering the pledge letter” (Decision #2704271, Shaoxing Municipal Yuecheng District People’s Court, Zhejiang Province, January 27, 2010, Case ID (2010)绍越民初字第304号, archived at https://perma.cc/6QBY-75FF).
“Evidence submitted to the court by the plaintiff includes:…(2) two pledge letters, (3) four photographs, one set of medical records proving that the defendant carried out domestic violence against the plaintiff and that mutual affection has gone off track, and (4) a CD [光盘] that proves the defendant verbally abused [侮辱谩骂] the plaintiff….The court holds that…in the course of living together for many years, arguing and yelling, pushing and shoving [吵吵闹闹,磕磕碰碰] are difficult to avoid” (Decision #1016747, Yanjin County People’s Court, Henan Province, June 4, 2013, Case ID (2013)延民初字第516号, archived at https://perma.cc/67E5-FPL7).
“After marrying, plaintiff and defendant fought over trifles of life, which even triggered physical beatings. However, on the basis of this trial, marital affection has not declined to the level of total breakdown. There is still hope for them to reconcile, reunite, and continue living together” (Decision #216758, Huojia County People’s Court, Henan Province, October 12, 2009, Case ID (2009)获民初字第712号, archived at https://perma.cc/4CAJ-PF87).
“Plaintiff’s statement:…The year we got married the defendant physically abused me numerous times. Over the years his heavy drinking has become the norm. He has beaten me after getting drunk over ten times. In fact, on February 7 of this year, right after the Spring Festival, he beat me to the point that my intestine ruptured. This was definitely caused by the defendant’s abuse, as I had never experienced an intestinal rupture before. The defendant’s behavior caused the complete breakdown of marital affection and led to this divorce petition. The plaintiff submitted the following evidence:…(3) (a) one invoice from the Shangqiu Municipal Number 1 People’s Hospital, (b) two diagnostic certifications, (c) one hospital discharge certificate, (d) one certification from the Jianshe Subdistrict Office’s Wangsai Villagers’ Committee, (e) one emergency electronic referral slip from the Henan Provincial New Rural Cooperative Medical Service, (f) one copy each of a hospital inpatient care invoice and a set of medical records totaling eighteen pages. The above evidence proves injuries I sustained from the defendant’s persistent physical abuse. The defendant did not make a defense statement, nor did he submit evidence. In reviewing the evidence, the court finds that evidence Items 1-3 meet legal requirements, are authentic, are linked to the case, and are therefore admissible. The court holds that Plaintiff Han Ying and Defendant Wang Li have been married for a relatively long time and have a definite foundation of mutual affection. Conflicts caused by family trifles are difficult to avoid. In the course of living together, both sides must exhibit mutual understanding, forbearance, and trust. The plaintiff failed to submit evidence proving that mutual affection has indeed broken down. For this reason, the court denies support of the plaintiff’s petition” (Decision #603730, Shangqiu Municipal Liangyuan District People’s Court, Henan Province, May 25, 2011, Case ID (2011)商梁民初字第953号, archived at https://perma.cc/R4JY-RKT4).
Set #7-8
After a plaintiff submitted medical documentation supporting her claim that her husband carried out domestic violence that left her with a finger bone fracture and a perforated left eardrum, he responded by stating, “I believe the plaintiff’s finger fracture was not caused by me and that her perforated eardrum was caused by the two of us fighting each other, but not intentionally on my part.” Although the court found the plaintiff’s evidence admissible, it also found the evidence “unable to prove that marital affection has indeed broken down. Moreover, because the defendant is unwilling to divorce and adamantly wants to reconcile, both sides still possess a foundation for living together and reconciliation potential” (Decision #924966, Xihua County People’s Court, Henan Province, September 9, 2012, Case ID (2012)西民初字第846号, archived at https://perma.cc/TU8C-JMBZ).
Next is another example of a judge gaslighting a plaintiff by diminishing the seriousness of her domestic violence allegation and underscoring the defendant’s positive attitude. “The defendant carries out severe domestic violence and beats me frequently. For this reason I have reported many such incidents to the Xindeng Police Substation….The plaintiff submitted the following supporting evidence:…(2) an original set of medical records proving the defendant’s domestic violence, (3) a set of original photographs proving the tools used by the defendant to beat the plaintiff and the condition of the resulting injuries. The defendant submitted no written statement but provided an oral defense. I did not beat the plaintiff, but rather was careless and accidentally bumped into her. I am unwilling to divorce because mutual affection has not completely broken down….After examining the evidence, the court finds that the submitted evidence meets all requirements and affirms their admissibility. The court finds that….on March 5, 2010 the defendant’s act of beating the plaintiff caused the deepening of their marital conflicts. As a result, the plaintiff sought relief from the court on grounds of the breakdown of mutual affection. During court proceedings, the defendant admitted that beating the plaintiff was a mistake and asked for a chance to make amends. The court holds that the plaintiff and defendant’s marriage is of their own volition and their marital foundation is relatively good. The main reasons for their conflicts are a lack of communication, understanding, and trust. If, from now on, they can forgive, accommodate, and trust each other, they have the potential to reconcile. Furthermore, the defendant is willing to correct his mistakes. Given that mutual affection has not completely broken down, the court denies support of the plaintiff’s petition” (Decision #2322841, Hangzhou Municipal Fuyang District People’s Court, Zhejiang Province, March 17, 2010, Case ID (2010)杭富新民初字第111号, archived at https://perma.cc/ZF8H-YY27).
Set #7-9
Sometimes courts inexplicably allowed the admission of domestic violence warnings into evidence and accepted their contents as factual before holding that plaintiffs failed to support their claims of domestic violence with evidence. As an example, a plaintiff claimed that only two days after receiving a domestic violence warning, her husband beat her again, and stopped only when the police intervened. The defendant denied beating her on the first occasion and claimed that the plaintiff suffered “no obvious injury” on the second occasion. The court denied the plaintiff’s petition for divorce on the grounds that the evidence she submitted was insufficient to prove her claim that the defendant frequently carried out domestic violence (Decision #4607451, Wenzhou Municipal Longwan District People’s Court, July 15, 2016, Case ID (2016)浙0303民初2478号, archived at https://perma.cc/AJ4B-YE4M).
In a similar case, the court admitted into evidence the domestic violence warning submitted by the plaintiff but denied her divorce petition after holding that it proved only that an incident of pushing and shoving occurred, that the plaintiff suffered only minor injury as a result, that it was all over after the defendant apologized, and that it was therefore insufficient to prove the plaintiff’s claim that the defendant beat her or had violent tendencies in their everyday life (Decision #4473110, Wuyi County People’s Court, Zhejiang Province, April 18, 2016, Case ID (2016)浙0723民初00878号, archived at https://perma.cc/BAX2-KFV2).
Additional cases reveal that judges sometimes affirmed domestic violence warnings as factual and admitted them into evidence before ignoring them entirely in their rulings to deny plaintiffs’ divorce petitions on the grounds that reconciliation remained possible if the litigants followed the usual platitudinous relationship advice of improving their communication skills, strengthening mutual respect, and so on (Decision #4824805, Pingyang County People’s Court, Zhejiang Province, February 15, 2016, Case ID (2016)浙0326民初4871号, archived at https://perma.cc/6VLC-LWF4; Decision #4824796, Pingyang County People’s Court, Zhejiang Province, October 12, 2016, Case ID (2016)浙0326民初5063号, archived at https://perma.cc/2RXZ-G6HM).
Set #7-10
“Plaintiff’s statement:….In the fall of 2008 the defendant bit and injured me. In July 2010, when I quarreled with the defendant because he lost his cell phone, he hacked my left upper arm with a cleaver, and even smashed my arm with the back of the knife. I went to the hospital to have three stitches close the wound….Defendant’s statement:….In July 2010 I was in a bad mood because I lost my cell phone. When the plaintiff criticized me and we started arguing, I lost my temper and grabbed a cleaver only to scare her, but the back of the knife injured her. Afterwards I was extremely remorseful. The plaintiff returned to her natal family, and I went there many times to admit my mistake. I also apologized many times in text messages. If the plaintiff gives me another chance to show my contrition and make a fresh start, I know we can be happy. For this reason I do not consent to divorce….The court holds that…the defendant’s behavior was uncouth and his methods extreme. He went so far as to wield a cleaver to scare the plaintiff, and caused harm to the plaintiff. The defendant should receive education through criticism. The court considered the defendant’s recognition of his mistake and the initiative he took to apologize…in his effort to gain the plaintiff’s forgiveness and continue living together. Throughout the court proceedings the defendant’s attitude was sincere. His act of displaying his collection of letters exchanged with the plaintiff over the years proves that he treasures mutual affection with the plaintiff” (Decision #507440, Song County People’s Court, Henan Province, January 4, 2011, Case ID (2011)嵩车民初字第7号, archived at https://perma.cc/XJ92-EF3Q).
“Plaintiff’s statement:….Owing to the defendant’s explosive and violent temper, I suffered regular beatings. I stopped living at home on December 12, 2010. On December 21 of the same year, the defendant, wielding an iron rod, charged into my workplace and beat me, fracturing my left posterior tenth rib….Defendant’s statement:….I did beat the plaintiff. I have already recognized that it is wrong to beat people, have willingly apologized to the plaintiff, and have promised never to beat the plaintiff again….I do not consent to divorce….The plaintiff submitted the following supporting evidence:…(2) one set of medical records and one CT scan diagnostic report which prove that the defendant beat me on July 2010 and that the defendant’s December 21, 2010 beating fractured my left posterior tenth rib….The court holds that….Although the defendant physically abused the plaintiff, the defendant admitted mistakes and promised never to beat the plaintiff again” (Decision #2165396, Wuyi County People’s Court, Zhejiang Province, March 1, 2011, Case ID (2011)金武东民初字第20号, archived at https://perma.cc/AY93-WRAD).
“…the plaintiff supplied a pledge letter handwritten by the defendant for the purpose of proving that the defendant physically abused her. The court finds that the defendant wrote this pledge letter, and the defendant has confirmed this fact. However, because the contents of the pledge letter show the high possibility of reconciliation, it cannot be used to affirm the total breakdown of mutual affection” (Decision #1212135, Xichuan County People’s Court, Henan Province, May 27, 2014, Case ID (2013)淅金民初字第111号, archived at https://perma.cc/W8BV-5XQ4).
Ethan Michelson 麦宜生 