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the wife cannot get pregnant due to a relapse of illness after marriage. the husband requests to annul the marriage. will the court support it? recently, the guangxi high court reported such a case.

in 2017, zhou dan (pseudonym) was diagnosed with ovarian cyst. she underwent surgery in the hospital and was discharged after five days of hospitalization. she has been in good condition since then without recurrence or sequelae.

in october 2021, guo rui (pseudonym) met zhou dan through an introduction. the two had a good impression of each other and soon established a romantic relationship. during this period, zhou dan did not tell guo rui that she had a history of ovarian cysts. on december 31 of the same year, the two returned to their hometown to handle the marriage registration procedures. both parties underwent a premarital medical examination before registration, and the results of the premarital examination showed normal. after marriage, in order to avoid separation between the couple, guo rui and zhou dan went to guangdong to work and live together.

however, shortly after the marriage, in july 2022, zhou dan suffered from poor health and underwent physical examinations and hospitalization in several hospitals in guangdong. after multiple diagnoses, zhou dan was diagnosed with adult-type bilateral ovarian granulosa cell tumor, and treatment required removal of the uterus and bilateral adnexa, which required a high level of treatment costs.

although the two had a good emotional foundation before, guo rui, after some inner struggle and consideration, believed that zhou dan had deliberately concealed her serious medical history before marriage, and that the disease would make her infertile, bringing her a heavy financial burden and mental trauma.

on october 11, 2022, guo rui sued zhou dan in the people's court of gangnan district, guigang city, guangxi zhuang autonomous region, requesting the annulment of the marriage on the grounds that zhou dan concealed a serious illness before marriage.

the court: the illness does not belong toserious illness in case of voidable marriage

the focus of the dispute in this case is whether zhou dan's disease is a major disease and whether guo rui has the right to apply for annulment of the marriage.

the people's court of gangnan district, guigang city, guangxi zhuang autonomous region held thatguo rui and zhou dan met through a mutual friend and talked about marriage and voluntarily got married. the defendant did suffer from a right ovarian cyst before marriage. although the defendant did not inform the plaintiff of the disease before marriage, according to my country's maternal and child health care law, the types of diseases included in premarital medical examinations are serious hereditary diseases, designated infectious diseases, and related mental illnesses, but zhou dan's disease does not belong to any of the aforementioned diseases, and does not have the characteristics of hereditary, infectious, and incurable major diseases. in addition to medical standards, the identification of "major diseases" should also be combined with the case to determine the impact of the disease on marital life, so as to determine whether the marriage should be annulled.

in this case, judging from the time when zhou dan began to suffer from the disease and received treatment, she was in good health after treatment in 2017, without recurrence or sequelae, and was able to work and live normally. zhou dan only suffered from the disease in the past. when guo rui and zhou dan registered their marriage at the end of 2021, zhou dan showed no signs of illness. therefore, the disease zhou dan suffered from did not fall into the category of major diseases stipulated in the civil code for revocable marriages.

regarding guo rui's application for annulment of marriage, the court held that the basis for granting or not granting annulment of marriage cases should be whether the relationship between the couple has broken down. although zhou dan concealed the fact that she had a right ovarian cyst before marriage, she had recovered from the disease before marriage and was in a healthy state for a period of time after marriage. zhou dan's adult bilateral ovarian granulosa cell tumor was a recurrence after marriage, and after the diagnosis of the recurrence of the old disease, zhou dan actively hospitalized for treatment, which was not a case of "one party contracted a disease during the couple's life together and could not be cured for a long time."

in the specific circumstances of this case, during the trial, guo rui insisted on divorcing zhou dan, but zhou dan disagreed with the divorce, and the two parties could not reach a mediation agreement. as the spouse of a patient, guo rui could not accept the fact that zhou dan was ill, so he wanted to file for divorce. the court should not have determined that "the relationship between the two parties had indeed broken down."

the people's court of gangnan district, guigang city, guangxi zhuang autonomous region held that:the core values ​​of a marriage relationship are love, responsibility, and devotion. through emotional dependence and mutual care between husband and wife, a stable marriage order is maintained to achieve family happiness and peace. guo rui should give more trust, care, understanding, and tolerance to his wife who is seriously ill, and work together to manage the relationship between husband and wife. therefore, the court dismissed guo rui's lawsuit.