When the wife and others have a relationship with others, they will get a clean husband to go home, but they are sentenced to 100,000

In Changsha, Hunan, a woman not only was derailed during her marriage, but also gave her husband’s salary for her husband.Only the living expenses of 500 yuan for your husband each month. After derailment, the husband was sued to court and asked the husband to go out of the house.

(one)

After marrying a husband with her husband, Ms. Meng had a long -term separation of the two places because of her work. She had no children and had a child. The relationship had ruptured. She sued the people’s court of Yuelu District, Changsha to divorce her husband.

Jun Mou said in court that Ms. Meng had adultery with others for 8 months during her marriage, and she had no idea about her long -lasting money to support her family. She was stuck in her hands., Keep him 500 yuan per month.

The savings of working for many years have now been transferred, and the wife also bought a house for the man, causing great psychological damage to herself, asking Ms. Dream to compensate for the mental loss of 800,000 yuan, and did not agree with the divorce.She is better.

The court believes that Ms. Meng has others and children, and she takes the initiative to propose a divorce. She can determine that the relationship between the couples of both parties has broken and the divorce is allowed.Regarding Ms. Meng’s problem of buying a house for the man, after verification, the man who bought Ms. Meng for the man was only procedures for Ms. Ms. Ms. Ms. Ms..

In addition, the monthly salary of men is 6,000 yuan, which is used for family common expenses. Ms. Meng provided relevant bills. After checking, the votes were real and did not find the transfer of property.

Although the military losses not in line with Article 46 of the Marriage Law stipulated, the behavior of Ms. Meng caused a certain mental harm to the army, and it is true that Ms. Meng compensated Ms. Dream to compensate the army 100,000 yuan.Both sides were dissatisfied with the judgment to appeal, and the second instance rejected the appeal and maintained the original judgment.

(two)

According to Article 46 of the Marriage Law, one of the following circumstances, which leads to divorce, has the right to request damage compensation.The first is to get married; the other is a spouse living with others; the third is to implement domestic violence; the fourth is abuse and abandon family members.

Is derailment in marriage?

Derailment in marriage does not violate the law and belongs to the category of morality, but if the derailed party lives together with others in the name of a husband and wife, it is suspected of constituting a crime of marriage.If the divorce is sued, the other party may be required to bear the liability for compensation.

What are the legal consequences of derailment in marriage?

If the husband and wife are derailed, the relationship between the two parties is usually ruled.If the divorce is sued at this time, even if the defendant does not agree with the divorce, the court will usually judge the divorce when the plaintiff insisted on divorce.

Divorce due to derailment does not affect the division of common property in principle.At the time of divorce, the only one that can be less or regardless of property is Article 1092 of the Civil Code. The husband and wife are hidden, transferred, sold, damaged, and splurge on the common property of the husband and wife, or forged the joint debt of the husband and wife attempting to occupy the other partyIn the divorce dividing the common property of the husband and wife, the party can be less or indiscriminate.After the divorce, the other party found that if there is the above behavior, a lawsuit can be filed to the people’s court, requesting to divide the common property of the husband and wife again.

However, the derailment behavior of one party violates the loyalty obligation of the Civil Code, so there is no faulty party to ask the wrong party to compensate for losses.There are real cases in judicial practice.

Finally, derailment does not affect the acquisition of children’s custody.Legally, comprehensive considerations will compare the conditions of both sides, and the living side of the two parties will be more conducive to the principle of healthy growth.The emotional entanglement of adults is not the necessary condition for the child’s custody. Therefore, derailment does not affect the problem of custody of children.

To sum up, in life, there are many situations where the husband and wife divorce because of the derailment of one party in the husband and wife, but this cannot be said that the derailment of one party will inevitably cause the husband and wife to divorce.As for the question "Is derailment in marriage?" You can tell you for sure that this is not a criminal act, but from a moral perspective, this is immoral.However, if there is evidence to prove that the derailment of the other party constitutes a big marriage, then it is not only illegal, but also suspected of constituting the crime of great marriage, then the other party’s criminal responsibility should be investigated in accordance with the law.

In court, Ms. Meng said that according to the current marriage law, she did not get married, did not live with others, did not violate relevant legal provisions, and should not compensate the army 100,000 yuan.

However, the court believes that although Ms. Meng was pregnant during her marriage, there was no evidence that Ms. Dream had a cohabitation relationship with others, which did not belong to one of the four situations.(One is a big marriage; the second is that a spouse lives with others; the third is the implementation of family violence; the fourth is to abuse and abandon family members.)

Article 1091 of the "Civil Code" stipulates that due to a big marriage; living with others; implementing domestic violence; abuse abandonment of family members; one of other major faults, etc., which leads to divorce, and the faulty party has the right to request damage to the wrong party.compensation.This case should be other major faults.

(three)

In recent years, with the development of society, new situations have occurred in marriage and family relationships. New problems, such as having children in the marriage, extramarital affairs, and virtual marriage with others on the Internet, rewarding beauty anchors with the common property of husband and wife, etc.Although the behavior is not the four situations stipulated by the law, whether it is physical derailment or mental derailment, the damage to the spouse of the non -wronged side is huge.

In this era, men have been difficult. In addition to the epidemic in the past few years, they have worked to earn money to support their families.The home is a harbor where a man rests. If the wife can’t stand the separation of the two places, you can go to the husband’s city. If you can’t walk, you can take the time to visit the husband. In addition to making money, the husband should care about the wife.look.

In short, no matter whether Ms. Meng has tens of thousands of reasons, but the adultery in marriage is indeed an immoral behavior, and it can’t stand any man.Ms. Meng cannot be separated by the two places as a shielded card in marriage or even pregnancy.The court is also a new attempt to protect the legitimate rights and interests without the wrong party.Click on the court.

All the gifts of fate have been marked in the secret price.So don’t feel that you can easily get anything. Everything in life requires you to work hard and cost to get it. Even if you can easily get a gift in your life, you will have to pay the price in the end.

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