If one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it fails to tell the truth, the other party may request the people's court to cancel the marriage. A request for the annulment of a marriage shall be made within one year from the date when he knows or should know the reasons for the annulment.
The necessary conditions for civil prosecution are as follows:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation. The lawsuit brought by the plaintiff should fall within the jurisdiction of the people's court, otherwise the court has no right to hear it. The method of prosecution is based on the principle of written prosecution, with oral prosecution as an exception.
Materials needed for civil filing:
1, indictment. It must be signed by the plaintiff himself (if the plaintiff is a legal person, it should be stamped with the official seal and signed by the legal representative), and a copy of the complaint should be submitted according to the number of the other party;
2. Evidence materials, that is, the reasons to prove our litigation views, to convince the judges to support themselves;
3. Subject qualification certificate. If the plaintiff is a natural person, provide the original ID card (returned to the plaintiff after checking with the copy) and a copy; If the plaintiff is a legal person, a copy of the business license and the unit code certificate shall be provided; Power of attorney, a clearly authorized power of attorney signed by the plaintiff when an agent is entrusted to file a civil lawsuit on behalf of the plaintiff;
4. The legal agent and the designated agent shall submit a copy of their identification materials and a copy of their relationship with the plaintiff. Others, such as the basis of jurisdiction, depend on the specific situation.
To sum up, the people's court shall inform the parties concerned of the relevant litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.
Legal basis:
Article 128 of the Civil Procedure Law of People's Republic of China (PRC)
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.