Chinese mistress pays Rs. 1.39 cr ‘divorce fee,’ but her lover’s wife keeps the money and didn’t divorce, court denies refund as well; Netizens say ‘justice served’

A Chinese mistress recently faced a courtroom setback after she attempted to reclaim a “divorce fee” of 1.2 million yuan (Rs. 1.39 crore) from the legal wife of her married lover after as she refused to divorce after accepting the money.

According to the South China Morning Post (SCMP), in December 2013, a man named Han from Shishi, Fujian province, married Yang, and they have two daughters. Han later had an affair with a colleague, Shi, and they also started a business together. In November 2022, they had a son.

Shi attempted to “replace” Yang as Han’s wife and offered her 2 million yuan in exchange for a divorce. To start the process, Shi paid Yang 1.2 million yuan at the end of 2022. However, more than a year later, Yang had not agreed to a divorce.

Frustrated, Shi demanded a refund and filed a lawsuit against her. Shi argued that there was a “verbal agreement” that the payment was conditional on Yang’s divorce and asked the court to force Yang to return the money along with interest for breach of contract.

SCMP reported that the Shishi People’s Court ruled against Shi, stating that the payment violated societal morals and public order, as it was intended to interfere with a legal marriage. The court also noted that Han and Yang had already entered a “cooling-off” period after signing a divorce agreement, meaning the payment didn’t qualify for a refund under the law.

The “cooling-off” period, introduced by the Chinese government in 2021, requires couples to wait 30 days after applying for divorce before it can be finalized.

It was also revealed that during his marriage, Han spent over 6 million yuan on Shi without Yang’s knowledge.

As per Chinese Legal experts, the assets acquired by a married man during an affair without his wife’s consent are considered jointly owned by the couple, which means that the wife could legally demand the return of her share from the third party.

The case has stirred discussions on Chinese social media, with many people describing the outcome as “justice served”.

One user said, “Taking the money and refusing to divorce – this is the perfect way to make her lose both the man and the money!”

Another humorously questioned, “What kind of man is worth 1.2 million yuan?”