1. The original text of the judgment
(2016) Su 1283 Minchu No. 3912
Plaintiff Huang Moujia
Accused Wang Mou
Entrust agent Lu
On May 20,2016, the court accepted the case of the divorce dispute between the plaintiff, Huang, and the defendant, Wang. The case was heard in open session by the judge, Wang Yangming, using summary procedure in accordance with the law. The plaintiff Huang Mou Jia and its entrusted agent Chen Jiansheng, the defendant Wang Mou and its entrusted agent Lu Mou attended the court to take part in the lawsuit. The case is now closed.
The plaintiff, surnamed Huang, claimed that after the marriage, the husband and wife of the plaintiff and the defendant had common feelings and often quarreled over trivial matters of life. Since XXXX, XX, the defendant had run away from home many times, at the end of the XXXX year, the plaintiff had gone to the defendant's mother's house to bring him home to live, but the defendant insisted on not coming back. The plaintiff believed that the defendant's behavior had seriously affected the couple's feelings, ignored the husband and children, and after many communications, there has been no improvement, the couple's relationship has completely broken down, request a decree: grant the original, the defendant divorce.
The defendant, Wang Mou, argued that I did not agree to the divorce. But if the plaintiff agrees: the legitimate son, Huang Mou Yi, will be brought up by me, and the plaintiff will bear the alimony; the plaintiff will return my dowry: 60,000 yuan in savings, my father will pay 30,000 yuan to buy a car, and the plaintiff will pay 90,000 yuan, the defendant should receive 45,000 yuan; return my computer, jewelry; last year's salary of more than 30,000 yuan, I can consider agreeing to divorce.
After the trial, it was ascertained that the plaintiff and the defendant met during their school days in XXXX, held a marriage ceremony on XXXX January XX, received a marriage certificate on XXXX January XX, and gave birth to a son Huang Mouyi on ×× ×× ××××.The above facts are confirmed by the copy of the marriage certificate submitted by the plaintiff and the statement of the plaintiff and the defendant in court.
The Court held that the survival of the marriage relationship is based on the feelings of the husband and wife.The plaintiff and defendant went from classmates to husband and wife, a beautiful journey: the crowd looked for him a thousand degrees, and looked back, but the man was in the lamplight.Appreciated and moved. If there is no difference in their personalities, how can such a wonderful spark be created? However, life is plain and complementary, and enjoying the joy of marriage and bearing the pain of life are compulsory lessons for everyone.
Life is like a dream! When there is a rift in the marriage and is in a crisis, both men and women should strive to save, rather than give up lightly, this court is extremely reluctant to witness the sad scene of Lao Yan's separation, so it gives a period of time, hoping that the deteriorating husband and wife relationship will be eased with the passage of time, both parties calm down, consider each other's efforts and hardships, understand and support each other, communicate and communicate with a positive attitude, use wisdom and true love to resolve conflicts, use reason and emotion to solve problems, can not be self-centered, let alone give up marriage and family. Cherish the people around you, respect and trust each other, and get back together.
In summary, in accordance with Article 32 of the Marriage Law of the People's Republic of China, the judgment is as follows:
The plaintiff Huang Moujia was not allowed to divorce the defendant Wang.
The case acceptance fee is 240 yuan, halved to 120 yuan, the burden of the plaintiff (paid) .
Judge Wang Yangming
Twenty-seven June 2016
Clerk, Dong Xiaocui
2. Case analysis
This case is actually a simple case in law, the husband and wife want to divorce because of some daily life trivialities, the judge's reasoning is more humane, when the marriage has a rift and is in a crisis, both men and women should try to save it, rather than give up lightly.
Divorce proceedings are unique in that if the first action does not result in a divorce, there is no new situation after the first decision and the plaintiff has to wait six months before he or she can sue again.
Marriage is not easy, and it is okay and cherished.