A Chinese woman, pushed off a cliff in Thailand by her husband, says he is demanding US$4 million for their divorce. - Photo: SCMP composite/The Paper
BEIJING (SCMP): A woman in China who survived being pushed off a cliff in Thailand by her husband now finds herself trapped in a legal battle with him after the attempted murder five years ago, as he demands 30 million yuan (US$4 million) for a divorce.
The husband, Yu Xiaodong, 38, is seeking compensation for what he describes as his “emotional and youth loss”, while his incarceration in Thailand complicates the Chinese judicial process.
Yu was sentenced to 33 years and four months in prison by a Thai court following a third hearing of the case in June last year.
Wang Nan, 37, also known online as Wang Nuannuan, sustained severe injuries when Yu pushed her from a 34-metre-high cliff at a Thai national park in June 2019.
At the time, Wang, who was pregnant, suffered 17 bone fractures and underwent extensive surgery, requiring over 100 steel pins and 200 stitches. Tragically, she lost her unborn child, and doctors indicated that she might never conceive naturally again.
Despite her traumatic experience, Wang recently revealed that her marriage to her husband remains legally intact, as she has faced numerous challenges in securing a divorce.
During a live-stream, Wang disclosed that Yu is demanding 30 million yuan as compensation for what he claims to be “emotional and youth loss”.
“Yu and his mother argue that the sum is meant to compensate for his mental suffering. His mother even blamed me, saying, ‘If your business hadn’t been so successful, it wouldn’t have tempted my son to make this mistake,’” Wang stated.
In September, Wang announced the birth of her son, conceived through in vitro fertilisation (IVF). However, she noted that her child’s registration must list Yu as the father because they remain legally married.
In an interview with the Post, Zhang Yongquan, a former prosecutor and current partner at Grandall Law Firm, described Wang’s case as a “dead end” and an “unsolvable situation”.
Zhang highlighted significant challenges, such as China’s marital law requiring both parties to appear in court in person and the complications posed by cross-border incarceration on judicial proceedings.
Zhang explained: “Every court session requires the physical presence of the parties involved. If one spouse is incarcerated, it may necessitate a local lawyer or notary visiting the prison for notarisation. The relevant legal documents would then need to be sent to the Chinese court via diplomatic channels.”
“Another option is to utilise online court hearings. However, this approach is controversial. For instance, if a divorce case involves an American and a Chinese citizen, conducting an online court session on US soil could raise concerns about China’s judicial actions infringing upon US judicial sovereignty.”
He added that some judges might visit prisons to conduct hearings, as many prisons are equipped with designated courtrooms.
“However, this method isn’t feasible for foreign prisons due to costs and issues of judicial sovereignty,” he pointed out.
Zhang emphasised that incarceration is recognised as a legitimate reason for a party’s inability to appear in court, indicating that under such circumstances, granting a divorce to Wang would be impossible if her husband’s absence is justified.
Wang’s current legal predicament has sparked significant discussion on Chinese social media.
One commenter remarked: “Asking for compensation after attempting murder? How could someone be so shameless?”
Another echoed: “The kind of parents determines the kind of son they raise.”
A third added: “The law needs reform! Victims shouldn’t suffer further from legal loopholes. If a spouse commits a serious crime like attempted murder, courts should expedite the divorce without requiring the perpetrator’s consent.” - SOUTH CHINA MORNING POST
