It is a legal reason for divorce to teach repeatedly.This verdict gives the answer!

Legal knowledge points: What is evil habits? The law does not clearly define it, generally refers to bad habits. According to the provisions of Article 32 (2), paragraph 3, paragraph 3 of the Marriage Law of the People's Republic of China, if one of the spouses have gambling, drug abuse and other evil habits, the other party has sued divorce and has a legal reason for divorce. The court shall judge the divorce of both parties. However, the controversy in this item is large, mainly due to the scope of evil habits and no major controversy. The following editors combine judicial practice to talk about how to more accurately understand the provisions of the law.

First, the scope of evil habits. One party has repeatedly taught for gambling and drug abuse. The word "waiting" shows that other bad habits should be included later. Which of them are other bad habits? According to the common sense of life, such as 、, fighting, fighting, alcoholism, etc., it must be regarded as a scope of bad habits. Xiaobian once encountered a case. The man watched the yellow film and then tossed his wife. His wife sued and asked for divorce. Is this a bad habit? In fact, which habits are a bad habit, it is difficult for anyone to give a clear scope. According to the understanding of the editor, as long as it is a bad habit of harming the relationship of the husband and wife, it can be understood as evil habits.

Second, the understanding of repeated teaching. It is not only one act of habits, which is in line with the legal reasons for divorce. There is a restricted condition here. This condition is to "repeatedly teach". How can it be regarded as repeated teaching? The law is still not clear, but it is required in judicial practice. At least there are evidence to prove that there are more than two behaviors, such as habits of nagging, being punished by public security organs twice or more, or other certificates of more than two times. Only the secondary one can be considered as repeated teaching.

For one party, and it is difficult to make corrections, the relationship between husband and wife will become increasingly weak. The more difficult the husband and wife will live together, the more difficult it is to live together. If one party sued for divorce and the mediation is invalid, the court should give divorce. In order to better explain the meaning of this legal provision, I will now share a related practice case for your reference.

Introduction to the case: The plaintiff Jiamou sued the court that he registered with the defendant Zhu on June 7, 2012, and Jia and Zhu were both married and did not have children after marriage. Due to the registered marriage before marriage, I found that Zhu Mou's masculinity thought was serious after marriage, and what was most unbearable to the plaintiff was that Zhu was like alcoholic as life. At the behavior of scolding Jia, a police station had given administrative penalties many times, and at least twice of them made the plaintiff into a minor injury. No hope of Zhu Mou. To this end, Jia Mou sued to the court and asked for a divorce between the two parties.

Zhu said to the court that he did not agree to divorce. Both sides formed a family for a second marriage. It was not easy to set up a family. He hoped to give a chance to correct.

The point of judgment: The court tried that according to the case of the case of a police station submitted by Jia, the defendant had a habit of alcoholism and injured the plaintiff many times after drinking, and refused to correct it. The court accepted the evidence. If the mediation was invalid, the court believed that the feelings of Jia and Zhu had indeed ruptured, and the court supported the lawsuit requesting Jiamou to ask for divorce.

Results of the judgment: According to Article 32 (3), paragraph 3, and 46 of the Marriage Law of the People's Republic of China, Article 64, paragraph 1 and 140 of the Civil Procedure Law of the People's Republic of China The provisions of Article 2, the judgment was allowed to divorce the plaintiff Jia and the defendant Zhu.

Lawyer commented: In this case, the man Zhu Mou had a habit of alcoholism. He scolded the woman Jia Mou after each drunk, and had caused Jia Mou minor injuries twice. As a kind of evil habit, alcoholism is more common in practice. Most of them have this behavior, alcoholicism, drunk and troubled. Correction is also the same as gambling and drug use, causing the relationship between husband and wife to break and eventually divorce.

The editor reminded that the difficulty in practice is mainly to obtain evidence, because the party who proposed that the divorce party claims that the divorce because the opponent's existence is required, and the relevant evidence is required to the court. Based on the above analysis, at least two or more evidence is required Essence Like this case, Jia was reported to the public security organs every time. The file materials were strong evidence, so the lawsuit was supported by the court.

Use real cases to interpret the law, share practical legal knowledge, legal consultation, exchanges and cooperation, please follow us! Welcome to share with more friends!

- END -