Taipei, Nov. 13 (CNA) Taiwan’s Constitutional Court will hear arguments Tuesday over whether there is an article in the Civil Code that limits the circumstances under which couples can file. for divorce violates the Constitution’s protection of individual liberties.
The case refers to paragraph 2, Article 1052 of the Civil Code, which states that a husband or wife can petition for divorce when there is an issue that makes it difficult to maintain the marriage
However, if only one party is “responsible for the event,” then “only that party may apply for divorce,” according to the clause.
Chu Cheng-kun (朱政坤), a judge at Taiwan’s Kaohsiung Children’s and Family Court, asked for legal interpretation based on three cases currently before him.
Chu has argued that the clause that violates the right to divorce is protected under Article 22 of the Constitution of the Republic of China (Taiwan), contradicting previous court decisions, including Interpretation No. 791, which prohibits adultery.
In addition to limiting a person’s right to end a relationship, Chu said, the law also has the effect of limiting marriage by allowing it to be used to “twin” individuals in in the relationships that exist in official documents.
One claimant in the case, surnamed Fang (方), was unable to divorce a woman he married more than 50 years ago, despite having three children with another wife. Hong Kong.
Fang said that legally, she was found to be “responsible” for the problems in her marriage, and was deemed ineligible to file for divorce.
The law is protected in disputes by the Ministry of Justice. In the past, the minister has argued that in cases where it was difficult to maintain a marriage, both parties were often seen as responsible, so there were many reasons for divorce.
The ministry also said that any possible changes to the law should be left to the Legislative Yuan and not to the courts.
Arguments in the case will begin at 9:30 a.m. Sunday. Proceedings will be open to the public and broadcast online.