5:02 pm - Sunday November 23, 2014

Lawsuit against Japanese remarriage laws dismissed

The district court of Okayama has dismissed a lawsuit against existing Japanese Marriage Laws which discriminate against women. The court reaffirmed the constitutionality of a law which prevents only women to remarry within six month of marriage.

A young woman in her twenties had filed the suit against the Japanese government over the controversial marriage laws. The woman alleged that the law had discriminated against women who wish to remarry. The complainant is a resident of Soja, Okayama Prefecture and filed two lawsuits, one of which is related to Article 733 of the Civil Code.

The section prohibits women from getting remarried within six months of the dissolution of their last marriage contract. However, there is an exception to the rule; if the woman is pregnant before the divorce the woman can remarry after giving birth.

The existing laws intend to reduce paternity disputes, but is criticized for restricting theĀ behaviorĀ of women only and not men. Okayama District Court mentioned that the claimant was divorced in March 2008 but was forced to wait till October to marry her current husband. The woman then sued for 1.65 million yen in damages, but her case was dismissed claiming that the legislation helped to prevent paternity disputes and had a reasonable aim behind it.

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