Source: Guangzhou Daily
The life of the husband and wife is not simply living with partners. Over the passage of time, the original passion may gradually fade away and transform into a bland family.
Zhang Wei and Lin Hong have been married for fifteen years and have a cute son.At first, although the days were poor, the family of three is very happy, but slowly, I do n’t know when the couple often quarreled due to daily trivial matters, and they lived in life after applying for public rental houses.
Seeing that the relationship between husband and wife became more and more deteriorated, after her husband repeatedly proposed a divorce, the discouraged Lin Hong chose to end this marriage.However, she never thought that after a month of divorce between the two, Zhang Wei remarried immediately. What’s more, Zhang Wei’s newlywed wife had been pregnant for more than 8 months.
Lin Hongyi’s complaint of the irritating Lin Hong brought Zhang Wei to the court to accuse him derail in marriage and demand compensation for the spiritual damage to the divorce.The reporter was informed today that this case has been determined that Zhang Wei has made a fault after the first and second trials of the Guangzhou court, and the judgment will pay 50,000 yuan of mental loss.
After divorce, the man is derailed in the marriage in the marriage
In August 2003, at that time, Lin Hong, 25, met Zhang Wei, 9 years older than himself. The two quickly fell in love and registered in Huangpu District, Huangpu District, Guangzhou.After the marriage, the two had a child, and the family of three was happy, but with the passage of time, the relationship between the husband and wife began to crack, and often quarreled due to family chores.
According to Lin Hong, in 2017, Zhang Wei applied for public rental housing in the name of a family, but he prevented herself from living in public rental houses for various reasons. After applying for public rental housingAfter being toughly driven away by Zhang Wei, she was not allowed to meet her son.After Zhang Wei proposed divorce many times, in the end, the two were divorced by the court in May 2019.But what made her never expected was that just more than a month of divorce, Zhang Wei married a woman named Lingling, and the two also pretended to celebrate.What’s even more angry is that Lingling had been pregnant with Zhang Wei’s child for more than 8 months at the time.
Lin Hong believes that Zhang Wei had faults during the marriage relationship. To this end, he was sued him to the court and asked to compensate for the divorce and divorce spirit damage of 100,000 yuan.
The ex -husband claims that the relationship between the husband and wife has long been famous
Regarding Lin Hong’s prosecution, Zhang Wei refuted that he gradually came together with Lingling after divorce, and when he knew Lingling, he had separated from Lin Hong for one and a half years.Zhang Wei claims that his relationship with Lin Hong has already died, and Lin Hong did not care about his family and children.In November 2017, Lin Hong moved away and no longer lived with him and his children. The two were separated until the divorce was 19 months. The relationship between the husband and wife had completely ruptured, and it was usually not contacted.
Zhang Wei also said that he and Lin Hong got married shortly after falling in love. The two lacked understanding of each other before marriage. The emotional foundation was weak and the living environment and living habits were different.Lin Hong’s income has not been subsidized.After marriage, Lin Hong helped in his shop, and family expenses also needed to pay from the store income, but Lin Hong transferred more than 100,000 yuan for more than 100,000 yuan. He had to borrow money from his relatives and friends.
During the trial, Zhang Wei even accused Lin Hong’s derailment, claiming that Lin Hong returned to his hometown to visit his male classmates every month, and kept a relationship with others with improper men and women.
The court determined that the man had fault
Is the child in Lingling’s belly Zhang Wei?Will Zhang Wei betray Lin Hong during the marriage?
After applying for Linhong, the Huangpu District Court retrieved the payment details of Lingling’s medical insurance treatment from the Social Security Center.According to Paying Ming details, Lingling was admitted to the hospital in early December 2019 for prenatal inspection, and was diagnosed with 36 weeks of pregnancy+.In the trial, in the face of the details of the payment, Zhang Wei admitted that he had a sexual relationship with Lingling in March 2019.
The court held that when Zhang Wei and Lingling had sexual relationships, he had not divorced Lin Hong. To this end, Zhang Wei was established in the marriage with others in the marriage.Moreover, according to Ling Ling’s medical insurance treatment payment details, Lingling’s childbirth time is at the end of December 2019, and the sexual relationship time with her and Zhang Wei can correspond to each other. To this end, the court believes that Zhang Wei can not submit the opposite evidence.There is a parent -child relationship that Zhang Wei and Lingling have children.
As for Zhang Wei’s claim that Lin Hong was derailed, the court believed that from the evidence submitted by Zhang Wei, the recording and video content he submitted could not confirm the clear interview object. As for what he referred to, Lin Hong’s large amount to withdraw money transfer property, this belongs to the husband and wifeCommon property disputes do not belong to the scope of the trial in this case.
In addition, from the content of the content displayed by Zhang Wei’s chat with Lin Hong’s WeChat, Lin Hong did not respond to derailment, and Zhang Wei stated the relevant content himself.To this end, the court believes that the evidence provided by Zhang Wei cannot prove that Lin Hong is derailed.
The court pointed out that during the period of the marriage relationship with Lin Hong, Zhang Wei had an improper relationship with others and had a child, and there was an obvious fault.As a result, Lin Hong was injured by mental injuries and asked Zhang Wei to pay the psychological damage of divorce.
After the first trial was pronounced, Zhang Wei was dissatisfied with the appeal.The original judgment of the second instance of Guangzhou Central Court.
Fa -Presses Class: You can ask for compensation without any mistakes
According to Article 4 of the "Marriage Law of the People’s Republic of China" (hereinafter referred to as the "Marriage Law"), husbands and wives should be faithful and respect each other; family members should respect the elderly and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relationships.
The Huangpu District Court pointed out that in combination with the case, Zhang Wei and others had extramarital sex, which was not only not allowed by social morality, but also violated the loyal obligation of the "Marriage Law" for loyal obligations between husband and wife.Zhang Wei’s extramarital sex caused Lin Hong to be damaged by reputation, reduced personality evaluation, and mental pain.
According to Article 46 of the Marriage Law, there are one of the four circumstances, including the divorce, the living with the spouse, the implementation of the family violence, the abuse, and the abandonment of the family members. If the divorce, the no fault has the right to request damage compensation.At the same time, in accordance with the relevant provisions of the Supreme People’s Court "Several issues on determining the liability for the liability for the compensation for the spiritual damage of civil infringement", there is no right to ask Fang Linhong to request damage compensation.Consider.
It is worth noting that Article 1091 of the "People’s Republic of China", which is about to be implemented on January 1, 2021, adds "(5) there is" (5) some "(5) on the basis of Article 46 of the Marriage Law.The "clause of other faults has improved the system of divorce error damage compensation. If there are other major faults, there are other major faults, and no faulty party can also require compensation.
For the specific situations that can be included in this clause, this requires the actual situation of the court’s comprehensive specific cases, and the relevant provisions of subsequent judicial interpretations are further clarified.Of course, more importantly, we should see the establishment of an excellent family style from this article, advocate the value orientation of family harmony, and strive to form a family relationship of equal, harmonious, and civilized.
Family and everything, the family harmony is related to the peace and stability of the order of social life.The judge reminds the couple that in reality, the relationship between marriage and family not only has the constraints of ideological and morality, but also legal regulations. Every family member should remember not to violate the legal red line.
If you are not willing to be dull,
His quarrel all day long, I can’t persist anymore,
Choose to end with divorce,
Please gather well,
Do not touch the red line of the law,
Pass the bottom line of law.
Note: Because of privacy, the characters in the report are pseudonym
Guangzhou Daily All Media Text Reporter: Articles of Association Correspondent Li Xue