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December 13, 2011

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Woman loses twice, on sham marriage, divorce

A local resident who had expected her profit-driven marriage with a rural man in neighboring Jiangsu Province could help her get more home-relocation funds from the government failed to get a divorce after her plan was aborted.

The Huangpu District People's Court ruled the marriage valid even though the woman had gotten her fake divorce materials approved by the city's civil affairs bureau.

The court heard that Ding Qimei, 56, married Luo Yunxian, 53, through an agent in January 2009, considering the marriage would bring her more relocation money as the agent told her the number of family members was a factor helping determine the total amount of such funds.

Luo, who lives in the rural area of Suqian City in Jiangsu Province, married Ding just for a Shanghai hukou, or permanent residence permit, which entitles people to better social welfare such as medical care and Shanghai's well-developed public schooling compared to those available in lower-tier cities and rural areas, the court heard.

After their flash marriage, Ding moved Luo's hukou from his hometown to Shanghai and added it to her home to be relocated.

But the relocation team said Luo was not eligible to get resettlement fees since he lived in Ding's house for less than two years, which didn't meet the requirement.

Plan was in vain

When Ding found her plan was in vain, she decided to divorce Luo but was turned down unless she agreed to pay 60,000 yuan (US$9,431) compensation, the court heard.

Luo denied the divorce and claimed he was a victim and had never seen Ding since he went back to his hometown after finishing all the marriage procedures in Shanghai.

To look for Ding, Luo filed his own divorce lawsuit on July 5, only to discover that Ding had already divorced him on March 8 last year.

In September, the husband filed another lawsuit with the Shanghai Civil Affairs Bureau, asking it to withdraw the divorce certificate.

The court found Ding forged Luo's signatures in the divorce materials and ruled the marriage was therefore still valid.

Ding had appealed to a higher court as she disagreed with Luo's request of property division in the case.




 

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