The Tainan District Court has ordered a man and his alleged lover to compensate his former wife, who sued him for adultery and for concealing his sexual identity before marriage.
The woman, identified only as “Hsiao-chen” (小珍), had asked for NT$300,000 in compensation.
The court on Monday awarded her NT$100,000.
The court’s decision received wide media attention, because it was the first involving gay people since Taiwan legalized same-sex marriage on May 17.
Hsiao-chen said she sued her husband, who goes by the nickname A-jen (阿仁), because he was having an “extramarital affair” with another married man, A-chih (阿智), who has two children.
Hsiao-chen accused her husband of breaching her spousal rights by committing adultery with a man, which she said caused her a lot of mental anguish and psychological pain.
She said she found that A-jen and A-chih had visited a motel several times after meeting through an online chat site.
When she confronted her husband, he said he was in love with A-chih and that they had “done things which I [he] should not be doing” at the motel, Hsiao-chen said.
“I do not discriminate against people with a different sexual orientation, but my husband had lied to me about being gay before we got married in 2017. His deception has greatly damaged other people in the family,” she said during the trial.
When asked about the situation, A-jen said: “I want both of them, one is my boyfriend, the other is my wife. Why can I not have both?”
The court concurred that the two men were engaged in a love relationship, although they denied having sex.
Their relationship damaged what had been a happy marriage for Hsiao-chen, and A-jen had broken his marriage vows.
The judges agreed that Hsiao-chen’s spousal rights were breached and that the two men had exceeded the bounds of a regular relationship between two male friends.
However, they could not convict the two men on adultery charges, as both have denied having sex.
Hsiao-chen had filed for divorce, which was granted last year.
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