The Greater Taichung branch of the Taiwan High Court on Thursday ruled in favor of a woman’s appeal by overturning a lower court’s ruling that granted her husband’s request to divorce her for being “too naggy.”
According to the ruling, the wife, surnamed Chang (張), was a nurse who left her job to be a full-time housewife after marrying her husband, surnamed Lee (李).
Starting in 2000, due to business demands, Lee began frequently attending social engagements after work and returning home late at night, it said.
Chang felt it was not right that her husband had plenty of time for social engagements and outings with friends, but could not find the time for her or their two kids.
Therefore, she would complain to Lee when he returned home.
Lee said he could not bear the nagging and moved to another room to sleep, but Chang would knock on the door and window to prevent Lee from sleeping, the ruling said.
Lee then resorted to sleeping in the same room as their sons, which stopped his wife from disturbing his sleep.
The situation continued for some time and the couple had not slept in the same bed since 2000.
Last year, Lee cited being “unable to endure abuse by a living-in partner” as the reason for his request for a divorce.
At the time, the Greater Taichung District Court called their sons as a witness, who testified that Chang often nagged Lee, resulting in him wanting to stay away from home. The court then ruled in favor of Lee.
In an appeal in the Greater Taichung branch of the Taiwan High Court, Chang argued that Lee frequently came home late and refused to talk with her. She said that following such treatment, she became annoyed and angry and therefore started to pester her husband.
In the appeal decision, the judges believed Chang’s nagging to be related to Lee returning home late at night. If there were reasons or conditions beyond the husband’s control that caused him to come home late, then he should inform his wife so she would not worry, the judges said.
However, since he was not willing to communicate, he caused the breakdown in their relationship, the judges said.
The judges therefore decided that both parties should shoulder responsibility for the resulting situation, and thus ruled in favor Chang’s appeal, denying Lee’s request for divorce.
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