Controversy about husband forbidding his wife to return to his homeland to celebrate Tet, what is the law?

According to Decree 144/2021/ND-CP on sanctioning of administrative violations in the field of security, order, and domestic v.iolence prevention and control. Those who forbid family members from leaving the house or from meeting friends will be severely punished.

The Lunar New Year 2023 is very close, those who are far away all want to return to their homeland to reunite with family and relatives. In particular, the women who are far away as brides want to go back to their grandmothers with their parents on this occasion. However, without the sympathy of the husband's family, this is not easy, even conflict is easy.

Many brides-to-be are often silent to avoid conflicts, while many families are clearly divided: "one year in the homeland, one in the foreign country". However, this is not easy, so the law has issued regulations on the prohibition of wives from returning to their homeland: Violation of the Law on Marriage and Family.

Accordingly, it is very normal for a woman after marriage to have the need to return to her biological parents' house to visit and reunite on holidays, Tet, or to participate in important family parties. and reasonable. Therefore, if a husband prohibits, threatens, or does not allow his wife to go home to meet relatives and friends for the purpose of isolation and psychological pressure on his wife, he may be administratively fined.

Information from An Ninh Capital, recently, the story of a woman who was forbidden by her husband to return to her grandmother's house to celebrate Tet has been widely discussed on social networks. Accordingly, despite being married for 5 years, this woman has never been able to celebrate Tet at her parents' house because her husband forbade her. She feels sad, pitiful and angry, is there any sanction for this behavior of her husband?

On Capital Security, Lawyer Nguyen Thi Thu - Hanoi Bar Association said, Clause 1, Article 55 of Decree 144/2021/ND-CP on sanctioning administrative violations in the field of security and order, Domestic v.iolence prevention and control prescribes a warning or a fine of between VND 5 and 10 million for people who commit the following acts: Prohibit family members from leaving the house, prevent family members from meeting relatives, friends or have legitimate, healthy social relationships for the purpose of isolating or psychologically putting pressure on the member.

In addition to the acts mentioned above, also according to Decree 144/2021, the fines related to other acts of domestic v.iolence also increased sharply, even many times higher than the prescribed fines. Specifically, for acts of causing injury to family members (previously only a fine of 1 - 1.5 million VND according to Article 49 of Decree 167/2013) and acts such as insults, taunts, insults, etc. honor and dignity of family members (previously the fine was from 500,000 to 1 million dong according to Article 51 of Decree 167/2013), now the fine has increased from 5 to 10 million dong.

Even this figure can increase from 10 to 20 million VND for people who use tools, vehicles or other objects to cause injury to family members. Or do not take the victim to the emergency room in case the victim needs to be treated promptly or does not have an attitude to take care of the victim while the victim is being treated for trauma caused by acts of domestic v.iolence (unless the victim refuse).

In addition, with acts of bad treatment of family members such as forcing them to fast, fasting, forcing themselves to be cold, wearing torn clothes, not giving or restricting personal hygiene or not taking care of them, leaving members unattended. are pregnant women, nursing mothers... (Previously, these acts were fined only 1.5-2 million VND according to Article 49 and 50 of Decree 167/2013). In addition, individuals who do not allow family members to exercise their right to work or are prohibited from participating in legal and healthy social activities will also be subject to a warning or a fine of between VND 500,000 and 1 million. .

These are considered appropriate sanctions policies to protect the rights, fairness, equality and lawfulness of all citizens in society.

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