? ? "Get back justice eventually! " when the party Li Mei of case of a divorce takes report, with all sorts of feelings say. Recently, li Mei comes to Shanghai court of the first intermediate people (one quadrangle of Shanghai of the following abbreviation) , to what hear her divorce case advocate careful judge Yu Min delivered " protective woman rights and interests promotes social healthy atmosphere " silk banner, thanks to fair trial of the court.
Why does Li Mei sigh with emotion so? How is the court to protect what she closes right increase? This matter speaks of from the beginning even.
Off the rails wife is forced to litigate inside marital marriage
Marital Xue Fan of Li Mei is an industry tall tube, income quite abundant. When marrying 2011, husband and wife is collective and contributive purchased a total 2.75 million yuan housing, among them Xue Fan is contributive 2.15 million yuan, li Mei is contributive 300 thousand yuan, odd loan altogethers 300 thousand yuan by Xue paid. Second year, the son is born, she what be enmeshed in joyance thinks to be able to spend the time that attends to calm happily from now on.
Can be good times don't last long. After marriage, because Xue Fan rises duty to be worked to the other place by the clique, the lady that makes Wu Yan very quickly with began extramarital love. In May 2013, two people begin to live together. Every of after this Xue is carrying wife and Wu Yan on the back to live together all the time, come home on the weekend only.
Later, xue Fan looks for a new sweetheart additionally again, xiang Wuyan puts forward to part company. Furious Wu Yan finds Li Mei, saw the authentic evidence that two people are together to him, and agitate plum plum accuses together Xue Fan makes a bigamy. This ability knows the Li Mei of be kept inside a drum-be kept in the dark, the husband was carrying her on the back to had lived 3 years with other woman half long. Kind-hearted and cowardly Li Mei thinks of year young the son still offers a piece of advice Wu Yan give u, but this thing brings about husband and wife to concern to worsen quickly, bilateral attrition is contradictory and ceaseless, heavy.
Rose in May 2017, xue Fan is sued twice to the court, requirement and Li Mei divorce. Li Mei also agrees the 2nd times to divorce with the husband, but both sides is broken up in common house property and difference arose on mental damages. Court of first instance assesses house property value according to the market is 7.5 million yuan, during concern of integrated building origin, mutual state, spouse puts add and both sides contributes size to wait to the building, take into consideration the circumstances decides Xue Fan enjoys 55% share to house property (4.125 million yuan) , li Mei enjoys 45% share (3.375 million yuan) , the evidence that provides with Li Mei can't prove Xue Fan is fault square for, rejected her to ask Xue Fan pays spirit the view of damages. Li Mei refuses to obey, appeal reachs Shanghai one quadrangle.
One quadrangle of Shanghai: The woman should obtain portion of more house property and mental damages
In 2 careful, li Mei appeal says, proof of the close picture that provides her according to the Wu Yan before this, chatting record, abort expenditure and Wu Yan are in what place of court of first instance does to note, can prove Xue Fan and Wu Yan live together for a long time with spouse name the life, the disloyal action that enough holds Xue Fan is to bring about marital cracked immediate cause, she should enjoy more house property share and obtain mental damages.
One quadrangle of Shanghai thinks via cognizance, above all, xue Fan should be maintained is fault square, he lives together for a long time however with other woman as married personage, caused undesirable consequence and abominable effect. Next, xue Fan's behavior violated law, still offer divorce suit twice, cause rupture of bilateral marriage relation, without fault Fang Limei has power demand damages. The specific clue such as the fault rate that links Xue every enroach on, method, consequence and influence, drink to compensate for spirit to damage solatium to be 50 thousand yuan surely. Again, common to husband and wife house property, although contributive scale of Xue Fan is more than Li Mei apparently, but because Xue Fan is in subjective on have fault, go up objectively to also come home on the weekend only because of he works outerly, the responsibility that all arrives to family and the youngest son is less than Li Mei apparently, the breaks up scale to decide according to first trial house price that reason fixes pair of house property enjoys 60% share by Li Mei (4.5 million yuan) , Xue Fan enjoys 40% share (3 million yuan) .
The Li Mei that takes report is to touch very, appeared then the one act of article begin.
Judge view
Of this case advocate careful judge Yu Min points out, marriage law sets, husband and wife ought to mutual and faithful, mutual respect. The person that have a mate and other live together those who bring about a divorce, without fault Fang Youquan requests damages. When the divorce, common property of husband and wife is handled by bilateral agreement, the agreement won'ts do, by people court basis the particular case of belongings, according to the principle court decision that takes care of children and woman rights and interests. Be opposite in this case inside marriage off the rails the man that authentic evidence confirms should be maintained for fault square, treating husband and wife common property and mental damages respect try to reflect, with cogent safeguard the proper and legitimate rights and interests that does not have fault woman. (dream alizarin red)
