The Constitutional Court is to hear arguments tomorrow on whether an article in the Civil Code limiting the circumstances in which couples can file for divorce contravenes the Constitution’s protection of individual freedoms.
The case relates to Clause 2, Article 1052 of the Civil Code, which states that a husband or wife can petition for divorce upon the occurrence of an event that renders it difficult to maintain the marriage.
However, if only one party is “responsible for the event,” then “only the other party may petition for divorce,” the clause says.
Photo: Tu Chien-jung, Taipei Times
Kaohsiung Juvenile and Family Court Judge Chu Cheng-kun (朱政坤) applied for the constitutional interpretation based on three cases that are before him.
Chu said that the clause contravenes the right to divorce as protected under Article 22 of the Republic of China Constitution, and also contradicts previous rulings by the court, including Interpretation No. 791, which decriminalized adultery.
In addition to limiting people’s freedom to end a relationship, the law also has the practical effect of devaluing marriage by allowing it to be used to “trap” individuals in relationships that only exist in official documents, Chu said.
A case coclaimant surnamed Fang (方) has been unable to divorce a woman he married more than 50 years ago, even though he has since raised three children with another woman in Hong Kong.
Fang said that the law has found him to be “responsible” for the difficulties in his marriage and was deemed ineligible to file for divorce.
The law is to be defended in the case by the Ministry of Justice.
Previously, the ministry has said that in cases where an event has made it difficult to maintain a marriage, both parties are often found responsible and thus have sufficient grounds for divorce.
It has also said that any potential amendments to the law should be left to the Legislative Yuan and not be decided by the courts.
Arguments in the case are to be heard starting at 9:30am tomorrow.
The proceedings are to be open to the public and broadcast live on the Internet.
TENSIONS: The Chinese aircraft and vessels were headed toward the western Pacific to take part in a joint air and sea military exercise, the Ministry of National Defense said A relatively large number of Chinese military aircraft and vessels were detected in Taiwan’s vicinity yesterday morning, apparently en route to a Chinese military exercise in the western Pacific, the Ministry of National Defense (MND) said. In a statement, the ministry said 36 Chinese People’s Liberation Army (PLA) aircraft, including J-16 fighters and nuclear-capable H-6 bombers, crossed the median line of the Taiwan Strait or an extension of it, and were detected in the southern and southeastern parts of Taiwan’s air defense identification zone (ADIZ) from 5:20am to 9:30am yesterday. They were headed toward the western Pacific to take part in a
Honor guards are to stop performing changing of the guard ceremonies around a statue of Chiang Kai-shek (蔣介石) to avoid “worshiping authoritarianism,” the Ministry of Culture said yesterday. The fate of the bronze statue has long been the subject of fierce and polarizing debate in Taiwan, which has transformed from an autocracy under Chiang into one of Asia’s most vibrant democracies. The changing of the guard each hour at the Chiang Kai-shek Memorial Hall in Taipei is a major tourist attraction, but starting from 9am on Monday, the ceremony is to be moved outdoors to Democracy Boulevard, outside the eponymous blue-and-white memorial
The Chinese Nationalist Party (KMT) supports peaceful unification with China, and President William Lai (賴清德) is “a bit naive” for being a “practical worker for Taiwanese independence,” former president Ma Ying-jeou (馬英九) said in an interview published yesterday. Asked about whether the KMT is on the same page as the Democratic Progressive Party (DPP) and the Taiwan People’s Party (TPP) on the issue of Taiwanese independence or unification with China, Ma told the Malaysian Chinese-language newspaper Sin Chew Daily that they are not. While the KMT supports peaceful unification and is against unification by force, the DPP opposes unification as such and
The government would cancel kendo practitioner Su Yu-cheng’s (蘇郁程) nationality if he is confirmed to have represented China in the World Kendo Championships in Milan, Italy, last week, the Mainland Affairs Council said yesterday. “We have consulted the Sports Administration and were told that athletes participating in the championships must have the nationality of the country that they represent. They must also present their passports as proof,” council spokesperson Liang Wen-chieh (梁文傑) told a weekly news conference. “If Su indeed represented China in the championships, we suspect that he has obtained Chinese nationality.” The Act Governing Relations Between the People of the