Taichung wife accuses husband of extramarital affair, but consent form signed is rejected

A wife in Taichung accused her husband of having an extramarital affair with Xiaoyu (pseudonym). Not only did the two travel together, but her husband also listed Xiaoyu as his spouse when he took out travel insurance. Even the obituary of her mother-in-law’s death listed Xiaoyu as a filial daughter-in-law. This was a serious infringement of her spouse’s rights. She filed a lawsuit seeking NT$1 million in compensation. , the husband denied it and took out two agreements signed by his wife, saying "I agree that my husband is looking for a woman." After hearing the case, the Taichung District Court held that the wife signed the agreement, which showed that the relationship between husband and wife was in name only, and could not prove that Xiaoyu and the husband were intimate. The verdict was dismissed and can be appealed.

The wife claimed that she married her husband at the end of 1991, and Xiaoyu (pseudonym) knew that her husband had a spouse, but she started dating her husband in 2019. In addition to the two traveling together many times, when her mother-in-law passed away, the obituary actually wrote that Xiaoyu was a filial daughter-in-law.

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During the trial at the Taichung District Court, the husband argued that the photos of the trip together did not involve an intimate act; the obituaries were published only out of consideration for favors, and the filling in the list of insured persons was a clerical error; although Xiaoyu took care of her during her illness, it was not enough to prove the violation of spousal rights. Moreover, the wife wrote in her own hand on June 9, 1998 and January 9, 2015, "I don't like to do things between husband and wife. Every time my husband comes to see me, I am disgusted to the extreme. I agree that my husband is looking for women outside. I have no regrets and no proof. I hereby declare it. The author of the letter is XXX (press fingerprints)." Since the wife agrees with him looking for women outside, it is difficult for the two of them to think that there is any illegality.

After hearing the case, the Taichung District Court held that the two had been separated since 2019 and had no basis for continuing to live together. The wife also signed an agreement agreeing that the husband would find a woman outside, which meant that the husband would no longer be required to fulfill the obligation of loyalty between husband and wife. Although the marriage relationship between the two existed in form, the substantive relationship between the husband and wife had long existed in name only. Although the wife claimed that the consent form was signed under coercion by her husband, she was unable to prove it.

The judge also believed that the obituary listed both the wife and Xiaoyu as filial daughter-in-law, and the wife could not prove that it was her husband’s instigation or the idea of ​​other relatives and friends. When she took out a travel insurance policy, she listed Xiaoyu as her spouse, and there was no evidence that it was her husband who wrote it or the insurance agent filled it out. Although it is debatable in terms of reason, it is difficult to recognize the seriousness of the circumstances.

In addition, the wife’s photos of Xiaoyu and her husband’s trip only showed the two of them shopping together, taking photos at scenic spots, or taking photos with other group members. There was no interaction and intimacy. It was determined that the request for joint compensation of 1 million yuan to the two was unreasonable, and the judgment was rejected. It can be appealed.