The man died of a brain hemorrhage after the wedding, and the in -laws asked the woman to return 120,000 gifts and judged!

The newlywed couple died unfortunately for less than half a year when her husband was married.

Retrospective

When Su Mouqiang saw that his son Su Mou had passed after thirty but he was not married, he trusted his son to tell his son. After some matchmaking, Su met with the woman Zhao Mou, and held a wedding ceremony in April 2020, and registered for marriage in May. Earlier, the Su family gave Zhao a 80,000 yuan bank deposit list and cash of 10,000 yuan as a gift. Among them, the deposit sheet opened the name of Su's mother, and the password was controlled by Su's mother. At the same time, the Su family also gave Zhao a red envelope of 10,000 yuan and bought jewelry such as ring, earrings, bracelets.

Until July 2020, Su Mou went to work in Shanghai because of his economic pressure. However, unfortunately, on August 28 of the same year, Su Mou had a sudden cerebral hemorrhage during the migrant worker, and died on September 4 after rescue.

Before the death of her husband Su, Zhao and his father -in -law Su Mou went to a hospital in Shanghai to see Su once in his mother's house. He had not appeared until Su died and held a funeral. The Su family has gone to the time of marriage for her son. In addition, the huge medical expenses treated with the son are even more liability. The Su family and Zhao negotiated whether they could return 120,000 yuan in color gifts. Zhao refused, and the Su family brought Zhao to court.

The court believes

According to the trial, the marriage contract is that the property of the parties is to register the marriage between the parties, and the property paid to the other party is paid by one party. Before Su and the defendant Zhao, the two plaintiff paid the defendant to the defendant's 80,000 yuan deposit form and 120,000 yuan in cash belonging to the gift to conclude the purpose of marriage.

Due to Su's death, the marriage relationship between Su and the defendant Zhao was automatically lifted. The two plaintiff, as the main body of the paying ceremony, had the right to ask the defendant to return the paid gift. Considering that Su and Zhao have not lived together for a long time, and Su's parents are old, and their labor ability has gradually weakened. According to the custom of raising children in the countryside, the future maintenance issues of the Su family will be affected.

At the same time, the gift of the Su family for the marriage expenditure of her son is indeed a lot of amounts of amounts of rural families. In addition, the defendant Zhao, as Su's wife, and the daughter -in -law of the two plaintiffs. During the hospitalization and burial of Su, the defendant's related behavior caused the emotional conflict and psychological entanglement between the defendant. Therefore, the court ruled that the defendant Zhao returned to the plaintiff 60,000 yuan.

【Link Links】

Article 5 of the "People's Republic of China" in Article 5 of the parties requests to return the gifts paid in accordance with customs. If it is found that it is the following situation, the people's court shall support:

(1) The two parties do not go through the procedures for marriage registration;

(2) The two parties go through the procedures for marriage registration but do not live together;

(3) Payment before marriage and lead to difficulty in paying people.

The provisions of the second and third paragraphs of the preceding paragraph shall be based on the divorce of both parties.

Source: theory of the law, Guangzhou Pu Law

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