Democracy of the case | During the divorce, can the wife's derailment be derailed in the marriage?

Retrospective

Zhang (female) and Liu Mou (male) introduced the understanding of the relationship and established a love relationship, and handled marriage registration at the Civil Affairs Bureau. Zhang sued to the court to ask for divorce with Liu. During the trial, Liu agreed to divorce, but said that Zhang had been derailed to open a house with others many times in marriage, and advocated that Zhang had compensated his mental loss of 60,000 yuan. During the trial, Zhang also acknowledged the facts of derailment in marriage.

Trial

The court's trial believes that the existence of marriage relationship should be based on emotions; if the emotions have been ruptured and the mediation is invalid, divorce should be allowed. During the existence of the marriage relationship between the husband and wife, the husband and wife should have fulfilled the loyal obligations between husband and wife. During the existence of the marriage relationship, Zhang ’s repeated derailment in the marriage existing an unfair relationship with others. It belongs to other major faults that lead to divorce. They should bear the corresponding civil compensation liability. The consequences, the local average living standards, etc., support Liu 10,000 yuan in psychological damage claimed in accordance with the law. After the case was pronounced, Zhang took the initiative to fulfill and pay Liu Mou's 10,000 yuan of mental damage.

Judge

Article 10,91 of the "People's Republic of China" stipulates: one of the following situations, which leads to divorce, has the right to request damage compensation: (1) to be married; (2) cohabitation with others; ) Practice family violence; (4) abuse and abandonment of family members; (5) There are other major faults. "Explanation of the Supreme People's Court on the Application of the People's Republic of China Code & Marriage and Family (1)" stipulates that the "damage compensation" stipulated in Article 1091 of the Civil Code, including material damage compensation compensation Compensation for mental damage.

The husband and wife should be loyal to each other. During the marriage relationship, one party was derailed several times, not only violating the loyalty obligations of the husband and wife, but also violated the moral standards. At the same time, the divorce of the wrong party was mentally affected by the burden and pressure of emotional infidelity. It should be supported.

Source: Qin'an County Court

Editor: Ji Xueyong Ma Jianwei Editor: He Yuxin

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