A woman who had been living in fear of domestic violence and dared not return home after leaving, only decided to divorce after more than ten years, and then discovered she had been declared dead.

How can judicial procedures balance justice and humanitarian concern?

A woman ran away from home due to domestic violence

Resulting in her being missing

Her husband applied to declare her dead

Years later

The woman reappeared to file for divorce only to be told, “You have already been declared dead.”

…

On a day in July 2025, Xiaocui clutched her ID card and hurried to the relevant department, eager to end her long-dormant marriage. But a statement from the staff felt like a bucket of cold water, dousing her from head to toe: “You have been declared dead by the court, so you cannot process the divorce.”

Having lived more than half her life

Xiaocui learned for the first time that she was “dead.”

Behind this bizarre incident

Is a five-year “misalignment of life and death.”

The meticulous handling by the judges of Xiang’an Court

Ultimately brought this absurd farce to a close.

The story dates back to November 2012, when Xiaocui, unable to endure her husband Dajun’s long-term verbal abuse and domestic violence, was forced to leave home after suffering severe physical assault. She completely severed contact with her family, effectively “vanishing.”

In May 2013, Dajun reported to the police that his wife was missing, and multiple searches yielded no results. In June 2019, due to Xiaocui’s long absence, Dajun applied to the Xiang’an Court to declare her dead.

Dajun: I apply to declare Xiaocui dead.

After accepting the case, the court strictly followed the legal procedures for verification. The evidence submitted by Dajun, including testimonies from relatives, community proofs, and police reports, confirmed that Xiaocui had been missing for over four years with no results from the searches. After exhausting all legal processes and considering the verified facts, the court ruled in July 2020 to declare Xiaocui dead.

Meanwhile, in reality, Xiaocui was completely unaware of this judgment concerning her own “life and death.” Years passed, and the pain from domestic violence and verbal abuse gradually healed. In 2025, Xiaocui finally resolved to end her past marriage, but this divorce application revealed the truth of her “death.” Shocked, she promptly submitted an application to the Xiang’an Court.

Xiaocui: I’m still here, requesting to revoke the death declaration.

The case was once again presented to the judge.

Faced with this unusual case of “resurrection,”

The presiding judge maintained a rigorous and cautious approach during the proceedings.

On one hand, the judge carefully verified the identification documents Xiaocui submitted, her residential records over the past five years, and supporting work evidence;

On the other hand, the judge summoned the original applicant Dajun to court, confirming the fact that the two had had no contact for years and that Xiaocui had indeed reappeared suddenly.

Considering the statements from both parties and the verified evidence, the judge determined that Xiaocui’s reappearance was clear, and her application fully complied with Article 50 of the Civil Code of the People’s Republic of China and Article 193 of the Civil Procedure Law of the People’s Republic of China, ruling to revoke the original death declaration.

After the ruling,

Xiaocui filed for divorce

To completely end this thirty-year marriage.

Given that their feelings had long been non-existent, both parties agreed to the divorce. Under the judge’s mediation, Xiaocui and Dajun reached a settlement agreement: they voluntarily divorced, and all property and debts during the marriage would belong to each respective party.

A five-year-long “death declaration” blunder

Was satisfactorily concluded through the judge’s meticulous verification and flexible mediation.

Judge’s Notes

While hearing Xiaocui’s “resurrection” case, I deeply realized that the judiciary must uphold procedural justice while also embodying humanitarian concern. Five years ago, based on the complete materials submitted by Dajun and the legal public notice process, the court legally declared Xiaocui dead, which protected the legitimate rights and interests of the stakeholders. Five years later, when Xiaocui reappeared to request the revocation of the judgment, we meticulously verified her identity information, residence, and work records, summoned her spouse to court for cross-examination, ensuring the facts were accurate. In this case, what the parties urgently needed was not just to revoke the death declaration but to resolve the marital dispute that had tied them for thirty years. Considering both parties expressed a desire for divorce and had no property entanglements, we proactively explained the law and guided both sides to reach a divorce mediation.

This case warns us that the death declaration process closely relates to citizens’ core rights and interests, requiring meticulous caution at each step. It also reminds the public not to sever contact with relatives out of momentary anger to avoid unnecessary troubles. The significance of the judiciary lies in correcting deviations and safeguarding the rights of every living individual.

(All names in the text are pseudonyms.)

Source: News Angle, Comprehensive Xiang’an District People’s Court, Minnan Net