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Chapter 345 Can a Husband Divorce His "Plant" Wife?

Du Chao, a 45-year-old employee of a hospital, married a young woman, Fu Rong, in 1987 and had a son in October of the following year. The relationship between the two has been very good since their marriage. In February 10, Fu Rong was admitted to the hospital due to illness. Later, due to an anesthesia accident during the operation, Fu Rong became a "vegetative state". After more than 1999 years of treatment, she has not been cured.His wife's illness brought great difficulties and pains to the life and spirit of Du and his children. In order to get rid of this surviving marriage, Du Chao submitted a divorce indictment to the court in 2.Question: Can Du Chao divorce his vegetable wife Furong?
my country's "Marriage Law" stipulates that husband and wife have the obligation to support each other.When a divorce occurs, if one party has difficulty in living, the other party should provide appropriate assistance from its personal property such as housing.Therefore, when one of the husband and wife cannot or cannot fully guarantee their own living needs, the other party has the obligation to assist them and ensure their normal living needs.However, the current law does not clearly stipulate whether one party can no longer live a normal life and is completely unable to perform the obligations of husband and wife, and the other party's request for divorce is allowed.However, according to the provisions of the maintenance obligation between husband and wife, divorce should only be allowed if the party who cannot live independently has already guaranteed the basic needs of life at present and in the future.The husband in this case did not violate the provisions of the Marriage Law in granting the divorce request under the condition that the current and future life of the "vegetative" wife was properly arranged.

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Abandonment refers to the abandonment of family members who are old, weak, sick, disabled, or have no independent living ability, and those who have the obligation to support, support, and support refuse to perform their legal obligations without reason, causing them to live in difficulty or become homeless.Infants (especially sick and disabled infants and infant girls) and sick elderly are vulnerable victims of abandonment.Abandoned objects in reality are generally people with the following conditions:

1. Those who are unable to live independently due to their youth or mental retardation;
2. Lost the ability to work due to old age, disability, disease and other reasons, and have no source of income;
3. Although they have sources of income, they are unable to take care of themselves due to illness, old age, or disability.It should be noted that the premise of "abandonment" is that there is an obligation of maintenance, support or support between the two parties.

(End of this chapter)