The decision came in response to a suit filed by a woman surnamed Chen living in Linkou, whose husband had many years before abandoned her and her two sons, moved away, and then filed for divorce on the grounds that she didn't meet her legal obligation of living in her husband's residence. She appealed, but district and high court judges ruled against her based on Article 1002 of the Civil Code.
她的丈夫多年前遺棄她與兩個兒子，並遷離林口，卻反而以她未履行同居義務為由，向法院訴請離婚，她不服氣，以官司相向，但是從地院到高院，法官都依民法一○○二條判決她敗訴，令她無法接受，因此提出釋憲聲請。