After getting married, the man asked the woman to return 350,000 yuan to the rejection, and the court sentenced

Within half a year of marriage, the woman moved away from separation.

After the man filed a divorce lawsuit,

The woman did not agree to divorce.

one year later,

The woman filed a divorce lawsuit,

The man agreed but asked to return 350,000 yuan.

The court comprehensively considers the time of the common life of both parties,

Lottery amount and purpose,

The cause of divorce and the economic status of both parties,

The woman returned 100,000 yuan as appropriate.

After half a year of marriage, he resigned to prosecute to divorce

Do you want to retreat?

Ms. Chen (pseudonym) of Zhuhai Xiangzhou was originally a tenant of Mr. Wang (pseudonym) apartment and met in 2018. The latter two identified a relationship and registered for marriage in July 2020.

Before marriage, Mr. Wang paid 350,000 gifts to Ms. Chen, of which 50,000 yuan and 300,000 yuan were transferred. Unexpectedly, the marriage only maintained in just a few months, and the emotional crisis appeared.

Shortly after marriage, the two had frequently quarreled due to various contradictions. In February of the following year, Ms. Chen moved out of her home, and the two have since they lived. One month later, Mr. Wang filed a divorce lawsuit to the court on the grounds of emotional rupture. At that time, Ms. Chen did not agree with the divorce. The court believed that the relationship between the husband and wife had not broken, and the decision rejected Mr. Wang's lawsuit.

After another year,

The relationship between the two has not improved,

Ms. Chen sued the court to divorce.

Mr. Wang agreed to divorce during the trial,

But Ms. Chen asked Ms. Chen to return 350,000 colorful gifts.

Mr. Wang believed that Ms. Chen did not agree with the divorce at first. She deliberately procrailed the famous marriage and was not willing to continue to get along. During the period, she had not taken the initiative to contact the relationship between husband and wife. The relationship between the two had been deteriorating.

However, Ms. Chen believes that Cai Li is the marriage custom of the household registration place for both sides. It is a voluntary gift from the man's family. It is not forced to compete, and the two parties have completed the marriage registration procedures. After marriage, they have lived together for half a year. Cai Li does not need to return.

Court:

Have not established a real husband and wife feelings to refund the litter of 100,000 yuan as appropriate

The court held that the plaintiff Ms. Chen and the defendant, Mr. Wang, did not allow the divorce after the first judgment and did not live together, and the relationship between the husband and wife did not improve.

Both sides now agree to divorce, which is enough to prove that the relationship between the husband and wife has been ruptured, and divorce should be allowed. According to relevant laws and regulations, although the divorce of the husband and wife has completed the marriage registration procedures but did not live together, the party's request to return to the Cai gift paid in accordance with the custom, the people's court should support it.

Data Map, Guangzhou Daily · Xinhuacheng Reporter: Chen Youzi Photo

"Common life" here should refer to long -term and stable common lives, and establish family relationships and spiritual support. Although the plaintiff Ms. Chen and the defendant, Mr. Wang, had registered and got married, but did not live because Ms. Chen had moved out of her home because of the less than half a year. Family relationship.

In the end, comprehensively considering the time, the amount of gifts and purposes, the cause of the divorce, and the economic status of the two parties, the Xiangzhou Court of Zhuhai City decided to give the original and the defendant divorce.

The judge of the trial stated that the essence of Cai Li is not wealth, but in "Li". The party's party shall not use marriage to ask for high property, and pay the colorful party to do their best. Do not blindly compare, beyond their economic affordability to pay high -priced gifts, and cause burdens on future life, and even cause unnecessary disputes.

Link: "People's Republic of China"

Article 2042 Paragraph 1 is prohibited to include, buy and sell marriage, and other interference in freedom of marriage. It is forbidden to use marriage to ask for property.

Article 109: 2 The People's Court of the People's Court to hear a divorce case shall be adjusted; if the relationship is indeed broken and the mediation is invalid, divorce shall be allowed.

"Explanation of the Supreme People's Court on the Application of the" People's Republic of China "marriage and family editor (1)"

Article 5 If the parties request to return the gifts paid in accordance with the custom, if it is found that it is the following circumstances, the people's court shall support it:

(1) The two parties have not completed the procedures for marriage;

(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/Guangzhou Daily

Edit/Liu Bin

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