Customer Cases
Serious interference with marital freedom
Time:2025-09-01 Views:1362
1
The manifestations of serious interference with marital freedom include arranged marriages; The behavior of children interfering with their parents' remarriage; Interfering with the remarriage of widows; Interfering with the behavior of the man settling in and getting married at the woman's house; Interference with the marriage of non close relatives; The act of interfering or forcing others to divorce; Interfering with the remarriage behavior of elderly people; Interference with others' remarriage behavior, etc.
Legal Basis:
Article 1042 of the Civil Code [Prohibitive Provisions on Marriage and Family] prohibits arranged, bought and sold marriages, and other acts that interfere with marital freedom. It is prohibited to solicit property through marriage.
Prohibition of bigamy. It is prohibited for married individuals to cohabit with others.
Prohibition of domestic violence. Prohibition of abuse and abandonment among family members.
II
Forcefully interfering with the freedom of marriage is an illegal act that infringes upon the freedom of marriage of others. If the circumstances are serious, it constitutes the crime of violent interference with the freedom of marriage and can be sentenced to imprisonment for up to two years or detention; If this causes the death of the victim, the offender shall be sentenced to imprisonment for not less than two years but not more than seven years. Due to the fact that the parties involved are already natural persons with full capacity for civil conduct, general interference does not have a decisive effect on their decisions, and therefore cannot reach the level of punishment.
Legal Basis:
Article 257 of the Criminal Law: Whoever violently interferes with the freedom of marriage of others shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
The first offense will only be dealt with if it is reported.
III
The handling method for interfering with marital freedom is that the parties can apply to relevant units for intervention and mediation, and can file a lawsuit with the people's court. Fanneng Law Firm reminds you that marriage should be completely voluntary for both parties, and it is prohibited for either party to force the other, or for any organization or individual to interfere. Sichuan Faneng Law Firm is dedicated to serving you.