Chinese Court Orders Husband To Pay His Wife For Household Chores – Sparks Online Debate

KEY TAKEAWAYS

  • A court in China recently ruled out in a case that the husband shall pay his wife for all the household chores she did.
  • This order was passed in connection to a divorce case, by a court situated in Beijing, The Republic of China.
  • Recently the Republic of China amended its Civil code to aim at protecting more women’s rights.
  • The Chinese Court ordered the husband to pay 50,000 yuan. ( Chinese currency)
  • The case currently went for an appeal but it is unclear who appealed.

BACKGROUND DETAILS

  • The Chen - Wang couple married in 2015 and filed for a divorce petition in October 2020.
  • Both the husband and wife are recognized by their surnames in the case as Mr Chen (the husband) and Ms Wang (the wife) who is a housewife.
  • The divorce petition was filed by Mr Chen at the Fangshan District Court in Beijing.
  • Miss Wang was initially unwilling to divorce her husband but later asked for restitution of around $24,700.

FURTHER DETAILS

  • It was stated by the wife that after they started living separately she took care of their son.
  • Ms Wang requested the court that the couple's assets should be equally distributed and also she should be compensated for child care and household chores.
  • She also stated that the above duties were not performed by her husband not did he took care and she alone took care of their son and he barely participated in domestic work.

COURT ORDERS

  • The Chinese court ordered the husband to compensate his wife by paying 50,000 Yuan.
  • The Beijing court stated that the husband is under an obligation to pay his wife as household work carries “intangible property value” and this should be considered as an asset.
  • According to the judge household chores constitutes intangible property and dividing the joint property of couples usually means and includes splitting tangible property.
  • The Chinese court ordered the husband to compensate his wife by paying 50,000 Yuan.
  • The court said that this compensation is ordered for the household work she did during the last 5 years.
  • The court ordered Mr Chen to pay monthly alimony of 2,000 Yuan that is around $300 also awarded Miss Wang custody of their child.

CHINESE CIVIL CODE – AMENDMENTS

  • The new Chinese civil code passed in May 2020 and came into effect in January 2021 has been described by legal experts to provide greater protection for individual rights.
  • This new code combines the marriage and adoption laws.
  • Just like Indian divorce laws it has introduced a cooling period of 30 days whereas in India it is more than that.
  • Initially compensation could be demanded only if a prenuptial agreement is signed which was rare but now as per the newly amended code, this is not the case anymore.
  • Restitution was allowed only in cases where a spouse took greater responsibilities than the other in terms of child care and taking care of seniors.

THE CASE SPARKED SENSATION

The order passed by the Chinese Court sparked sensation not only in China but also gained attention worldwide. The case has gained so much attention online that the case has been viewed more than 50 crore times. A hashtag about the case started trending on Chinese social media was viewed a million times.

When the local media reported that a court in Beijing ordered a husband to pay compensation to his wife for household chores, many people in China welcomed the move.

While many appreciated the court's order they also pointed out the fact that 50,000 Yuan is too less for 5 years of work compared to a nanny who earns more. Also, this verdict recognizes unpaid labour at home.

CONCLUSION

The order passed by the Beijing court shows a new change where the court recognises the domestic work. It not only recognizes but moreover awards the wife compensation for the same. It is said that getting a divorce in China for a woman is not so easy and to protect her assets as regulations were quite strict. This case is therefore considered to be a breakthrough as it considers the household work to a certain extent.

 

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JINALI SHAH Online
on 30 March 2021
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