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Unable to Obtain Household Registration Book: Grounds for Divorce Lawsuit in China

Introduction In China, household registration is a vital system that determines an individual's access to essential services and benefits. The household registration book (hukou) serves as an official record of an individual's permanent residence and household status. In certain circumstances, the inability to obtain a hukou can have significant implications for marriage stability and may even provide grounds for divorce.

Legal Framework The Civil Code of the People's Republic of China (the "Civil Code") sets forth the legal framework governing marriage and divorce. Article 1079(4) of the Civil Code provides that "either spouse may file for divorce if the other spouse has violated the law or committed bigamy." Failure to obtain a hukou can be construed as a violation of the law under certain conditions.

Inability to Obtain Hukou as a Violation of the Law One way in which the inability to obtain a hukou can constitute a violation of the law is if it is the result of the other spouse's deliberate or negligent actions. For example, if one spouse withholds necessary information or documentation required for household registration, or if they actively obstructs the other spouse's attempts to obtain a hukou, this could be considered a violation of the law.

Another instance where the inability to obtain a hukou may be deemed a violation of the law is if it is caused by discrimination or prejudice based on factors such as gender, ethnicity, or region. In such cases, it may constitute a form of domestic violence or marital abuse, which is grounds for divorce under Chinese law.

Impact on Marriage Stability The inability to obtain a hukou can have a profound impact on marriage stability. Lack of household registration can hinder access to essential services such as education, healthcare, and employment. This can create significant stress and hardship within the marriage relationship.

Additionally, the inability to obtain a hukou can undermine the sense of belonging and identity for the spouse who is affected. This can lead to feelings of isolation, resentment, and ultimately, the breakdown of the marriage.

Conclusion In conclusion, the inability to obtain a household registration book (hukou) can provide grounds for divorce in China if it is the result of the other spouse's deliberate or negligent actions, or if it is caused by discrimination or prejudice. Such circumstances constitute a violation of the law or domestic violence, which are grounds for divorce under the Civil Code. The inability to obtain a hukou can have a significant impact on marriage stability by creating stress, hardship, and a sense of alienation for the affected spouse.