Husband implemented domestic violence on the pregnant wife. When divorce, the woman proposed a compensation for mental damage. Will the court support it?On March 7, the Jiangnan District Court of Nanning City informed a divorce case. The court ruled that the two sides were divorced. The man had compensated the woman’s spiritual comfort for 10,000 yuan due to domestic violence.
In 2013, Wei and Lu registered to get married.Two years after marriage, Xiaomin, the eldest daughter of the couple, was born.In 2016, Lu Mou was pregnant again. In June 2017, the two sides quarreled with family chores. Wei Mou hit Lu Mou. At that time, Lu Mou had been pregnant for 39 weeks.After the police called the police, the police educated Wei, and the two sides reached a settlement.
Women were domestic violence during pregnancy, and they proposed mental damage compensation during divorce.He Dingjian, a reporter from the South State Morning Post client, paint
However, the birth of children failed to meet the emotional cracks between husband and wife.Later, Wei Mou sued Lu Mou to the Jiangnan District Court of Nanning on the grounds that both husband and wife often quarreled on family chores and asked for divorce. The two daughters were raised by the two sides and did not pay each other.Lu Mou also agreed to divorce, but the support fee should be jointly borne by both parties according to the living standards.Because Wei had a family atrocities, Lu Mou proposed that Wei should compensate her with spiritual comfort.
The court believes that both parties agree to divorce, and the two children are more suitable for both sides.Lu Mou claimed that Wei had a tendency to violence and provided alarms to confirm the alarm.During pregnancy, her husband was needed more care, but Lu was beaten by Wei, causing great harm to her physical and mental.In the end, the court ruled that Wei Mou compensated Lu Mou’s mental damage to 10,000 yuan, and the two daughters were raised by both sides.
Li Shan, the judge who hosted the case, told reporters that whether it was the previous marriage law or the civil code implemented in 2021, family violence was clearly prohibited. One party stipulated that the spouse would implement domestic violence.If the family violence leads to divorce, no faulty party has the right to request damage compensation when divorce.In the case, the court supported the compensation request of no faulty party in accordance with the law.
It is understood that domestic violence is still an important reason for divorce cases.In the face of domestic violence, many women choose to forbearance. Even if they enter the divorce procedure, they often make domestic atrocities not recognized by the court due to insufficient evidence.In this regard, Judge Li reminded that once family violence occurred, the parties should learn to protect their rights.The parties can ask for help from the residential (village) committee in time, or call the police.The police handling the case will timely issue the police to prevent domestic violence, and the report of the reporting cases is evidence that the other party has the existence of domestic violence.At the same time, the parties can apply for a personal safety protection order from the court.
This article was originally produced by the South China Morning Post. Without permission, please do not reprint any channels or platforms.The offenders must investigate.
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