After the death of Zhao Dezhong, a ninety-year-old man in Jinzhou, Liaoning Province, it was found that he had married a nanny who was 38 years old, and the real estate and funeral expenses were given to the nanny's son.
Recently, according to Jiupai News, it was learned from the old man's adopted daughter Zhao Yongqiu and nanny Zheng Xiuying (pseudonym) that the Guta District People's Court of Jinzhou City, Liaoning Province ruled that the plaintiff Zhao Yongqiu's litigation claim was rejected, and the court did not support the plaintiff's administrative act of revoking the marriage registration between the old man and the nanny.
After the judgment, in addition to Zhao Yongqiu's appeal requesting that the marriage be invalidated, Zheng Xiuying also appealed, disagreeing with the plaintiff's adoptive daughter relationship with the old man. Zheng Xiuying's administrative appeal petition shows that the appellee's lawsuit was dismissed by the request, arguing that the relationship between Zhao Yongqiu and Zhao Dezhong's adopted daughter was an error in the determination of facts, and the appellee did not have the qualifications to be the subject of the lawsuit.
On June 4, nanny Zheng Xiuying responded to Jiupai News, denying that it was "cheating marriage" for property, saying that the marriage was proposed by the old man, and she chose to respect the wishes of the old man, although the age difference was 38 years old, but the two parties loved each other.
[1] The notarial certificate issued by the adoptive father before his death was revoked, and the real estate and funeral expenses were passed to the nanny son after his death
Jiupai News previously reported that in June 2022, 65-year-old Zhao Yongqiu learned that his adoptive father in Jinzhou had passed away for two days, and after rushing home from Shenyang, he found that the 90-year-old adoptive father had obtained a license to marry the nanny with a 38-year-old age difference 9 months before his death, and the real estate had been transferred to the name of the nanny's son, and more than 39,000 yuan of funeral subsidies and pensions after his death were also taken away by the nanny's son.
Zhao Yongqiu told reporters that because his aunt could not have children, Zhao Yongqiu passed to his uncle's house as an adopted daughter when he was 8 years old. In August 2020, on the recommendation of his younger brother-in-law, his adoptive father hired Zheng Xiuying, a nanny from Yixian County, Liaoning Province.
Zhao Yongqiu felt that his adoptive father might be manipulated by the nanny. In May 2021, more than 2 months after the death of his adoptive mother, his adoptive father, Zhao Dezhong, issued a notarial certificate to the Jinzhou Notary Office for no children and adopted children after marriage, and the name signed on the fee bill was the nanny's son Zheng. Shortly after the notarial deed was issued, the house was transferred by the adoptive father to the nanny's son in the form of a purchase.
"The nanny wanted to bypass me in this way and take the house into her own hands." Zhao Yongqiu said that she submitted relevant materials to the court, proving that some of the materials were forged and that she was indeed the adopted daughter of an old man. After verification, the Jinzhou Notary Office revoked the above-mentioned notarial certificate and admitted that the notarized content was indeed inconsistent with the facts.
In addition, Zhao Yongqiu provided two materials, one is the marriage registration form of the adoptive father and the nanny, and the other is the death cancellation certificate of the adoptive mother, the date on which is shown as the same day, both on September 28, 2021, which she feels strange.
In September 2023, Zhao Yongqiu sued the Civil Affairs Bureau of Guta District, Jinzhou City, asking the court to rule that the Civil Affairs Bureau had flaws in handling the marriage procedures between the nanny and the adoptive father, and then ruled that the marriage between the two was invalid.
In the administrative complaint, Zhao Yongqiu said that the staff of the marriage registry office did not fulfill their duty of care when registering his marriage.
The age difference between his adoptive father and the nanny when he applied for marriage registration was extremely large, and the old man's health was extremely poor, and he was basically unable to take care of himself.
From the perspective of capacity, the elderly may belong to a group with limited or even no civil capacity. When examining an application for marriage registration of an elderly person, if he is not accompanied by his children, the marriage registration department shall require him to provide a qualified medical institution to diagnose and evaluate the mental state and behavioral capacity of the elderly, so as to determine whether the elderly person has the true intention of entering into marriage with the other party. However, looking at the materials obtained from the marriage registration office, there is nothing related to this.
Zhao Yongqiu believes that the nanny Zheng Xiuying's application for marriage registration with the old man may be suspected of "fraudulent marriage", "in the name of marriage, for the purpose of embezzling money." There are obvious flaws in the registration and review procedures of the civil affairs departments, and they seriously violate human ethics and public order and good customs. ”
[2] The court ruled that the marriage should not be annulled, and the nanny appealed against the other party's adoptive daughter, claiming that she was in love with the old man
In 2023, the Guta District People's Court of Jinzhou City, Liaoning Province publicly tried the case, and Zhao Yongqiu told Jiupai News that before the lawsuit, she had called the nanny through her relatives to negotiate the division of property, but the other party had always avoided the matter.
On April 28, 2024, the Guta District People's Court of Jinzhou City, Liaoning Province issued a judgment rejecting plaintiff Zhao Yongqiu's request to revoke the administrative act of revoking the marriage registration between the elderly and the nanny.
According to the judgment provided by Zhao Yongqiu, the Guta District Court held that there were two points in dispute in this case: First, the issue of whether the plaintiff Zhao Yongqiu was a qualified subject in this case. The second defendant and the third party raised questions at the trial that plaintiff Zhao Yongqiu had the status of Zhao Dezhong's adopted daughter, and this court held that according to article 28 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws", "if it is recognized by relatives, friends, or the public, or if the relevant organization proves that it is clear that the adoptive parents and the adoptive child have lived together for a long time, they should be treated as an adoptive relationship, even if they have not gone through legal formalities." "In accordance with the above provisions, prior to the implementation of the Adoption Law on 1 April 1992, the mainland recognized the de facto adoptive relationship.
Second, whether the administrative act at issue in this case should be revoked. In this case, the defendants Jinzhou Guta District Civil Affairs Bureau and Jinzhou Guta District Civil Affairs Service Center (Marriage Registration Office of Guta District Civil Affairs Bureau) handled the marriage registration for Zhao Dezhong and the third party Zheng Xiuying in accordance with the relevant provisions of the "Marriage Registration Regulations", and after reviewing the procedures for both parties to hold their ID cards, household registration books and other documents, and after reviewing the procedures of their own ID cards, household registration booklets and other documents, and signed by themselves, the marriage registration notice, the marriage registration personal credit risk notice, and joint photographs, the facts were clear, the procedures were lawful, and the law was correctly applied.
Although plaintiff Zhao Yongqiu argued that there was a huge age difference between Zhao Dezhong and Zheng Xiuying when they applied for marriage registration, and that Zhao Dezhong was in extremely poor physical condition, and that he may be a person with limited or no capacity for civil conduct, the defendant's marriage registry office did not diagnose and evaluate Zhao Dezhong's mental state and capacity when examining Zhao Dezhong's marriage registration application and Zheng Xiuying's marriage registration application, and that his conduct was seriously flawed. Although Zhao Dezhong was older, the plaintiff did not provide evidence to prove that his application for marriage registration was not his true intention, nor did he provide evidence to prove that Zhao Dezhong was a person with limited or no capacity for civil conduct, and his claim had no factual and legal basis, so the plaintiff's request for the two defendants to revoke the administrative act made on September 28, 2021 to approve the marriage registration of Zhao Dezhong and Zheng Xiuying was not supported by the court.
After the verdict, in addition to Zhao Yongqiu's appeal, nanny Zheng Xiuying also appealed, in which Zhao Yongqiu appealed to change the judgment to nullity. Zheng Xiuying's administrative appeal petition shows that she believes that the relationship between Zhao Yongqiu and Zhao Dezhong's adopted daughter is an error in the determination of facts, and the appellee does not have the qualifications to be the subject of the lawsuit, and requests that the judgment be changed to dismiss the appellee's lawsuit.
Zhao Yongqiu told Jiupai News that many people questioned her failure to fulfill her responsibilities to her adoptive father, and she felt aggrieved, saying that before she moved out of Jinzhou, in order to take care of her adoptive parents, she deliberately moved to live in the same community as her adoptive father, and the floors were also close to each other. After hiring a nanny, the nanny will take care of her, and she will visit her during the New Year's holidays or when her adoptive parents are sick.
On June 4, nanny Zheng Xiuying responded to Jiupai News that she wanted to appeal because there was no file to record that Zhao Dezhong had adopted children, "We will appeal if the old man has a child certificate or not." She said that the other party (Zhao Yongqiu) had never seen the old man, nor had he spoken on the phone, Zhao Dezhong had been to the nursing home many times, and the guardian was not Zhao Yongqiu.
Regarding the question of marrying the old man or suspected of cheating marriage, Zheng Xiuying denied it. She said that "marriage is free, marriage does not limit the age difference", the two parties love each other, and the idea of marriage was put forward by the old man, who told her that he was old and had no children, and that he wanted to "prevent old age". After this request was made twice in succession, she chose to respect the old man's opinion and went with him to register her marriage.
The old man's funeral business form is signed by the nanny's son, and the relationship is filled in as the son-in-law. Photo / provided by the interviewee.
Zheng Xiuying said that her son did not ask about the marriage, and the funeral subsidies and pensions of more than 39,000 yuan after his death were authorized by her son, as the wife of the old man, to take them away. As for the fact that the old man's cremation was handled by his son pretending to be his son-in-law, she responded that the word "son-in-law" filled in the "relationship with the deceased" column on the funeral business list was written incorrectly by the staff.
(Source: Jiupai News)