Recently, a case in which a husband filed for divorce and demanded the return of betrothal gifts after his wife suffered two miscarriages has sparked widespread public debate. According to China’s Civil Code and relevant judicial interpretations, whether betrothal gifts should be returned depends on factors such as whether the couple officially registered their marriage, whether they lived together, and whether the payment of the gifts caused financial hardship to the giver. In this case, although the couple had legally married and cohabited, the husband sought divorce on the grounds that they had no children due to his wife’s two natural miscarriages, and requested the full return of the betrothal gifts. The court ruled that miscarriages are medically uncontrollable events and cannot be attributed to the wife. Moreover, since the couple had already lived together as spouses, the legal conditions for returning the betrothal gifts were not met. Thus, the court rejected the husband’s claim. This case highlights misconceptions some people hold about marriage, childbearing, and betrothal customs, and serves as a reminder that marriage should be based on mutual affection—not on reproduction or financial transactions. The law protects legitimate rights, not the commodification of marriage.
近日,一则‘妻子两次流产,丈夫起诉离婚并要求返还彩礼’的案件引发社会广泛关注。根据我国《民法典》及相关司法解释,彩礼是否应返还,需综合考虑双方是否已办理结婚登记、是否共同生活以及彩礼给付是否导致给付方生活困难等因素。本案中,夫妻虽已登记结婚并共同生活,但因女方两次自然流产,男方以‘未能生育子女’为由提出离婚,并主张返还全部彩礼。法院在审理时指出,自然流产属于医学上的不可控因素,不能归责于女方;且双方已实际共同生活,不符合法定返还彩礼的情形。因此,法院驳回了男方要求返还彩礼的诉求。此案反映出部分人对婚姻、生育及彩礼制度存在误解,也提醒公众:婚姻应以感情为基础,而非以生育或金钱为条件。法律保护的是合法合理的权益,而非将婚姻商品化的行为。
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