Joke Collection Website - Public benefit messages - A male college student in Kunming asked for a divorce only one hour after receiving the certificate. Is it reasonable for the woman to claim 300 thousand?
A male college student in Kunming asked for a divorce only one hour after receiving the certificate. Is it reasonable for the woman to claim 300 thousand?
The unbearable boyfriend actually made a wonderful decision, that is, to marry this girl, and secretly, without telling his parents and relatives. During the period, I was afraid that my parents would not agree, so I made up a reason to defraud my family's household registration book on the grounds that the school needed it, and then I went to the Civil Affairs Bureau to register my marriage with the girl.
Surprisingly, however, one hour after receiving the marriage certificate, the man Xiangmou repented. He thought that the two sides had broken up and filed for divorce. Chen Mou, a woman, did not agree to divorce. She believes that Xiangmou cheated marriage and turned herself from an unmarried girl into a "married woman", demanding that Xiangmou compensate 300,000 yuan, and the two sides went to court.
Finally, the court ruled that divorce was not allowed. Marriage is an important event in life. Since ancient times, it has been hailed as the first of the three happy events in life. "Wedding night, be the first, meet an old friend in another country." Why did it become so hasty?
First, love is impure and marriage can't last long.
Miss you, miss you, miss you, let me miss you for the last time, because tomorrow, I will be someone else's bride. The Civil Code stipulates that marriage between men and women should be based on feelings. The above is a popular lyric, and it is also a true portrayal of many irresponsible and hasty marriages.
The high divorce rate is caused by impure marriage purposes. Perhaps, for various reasons, it is worthy of sympathy to be "played with a mandarin duck" and have to marry someone you don't love. However, in today's free marriage, it is not only oneself who suffers so rashly.
Second, the stale and high-priced "bride price" is the last straw to crush marriage.
Nowadays, many people choose not to get married, not because they are unwilling to get married, but because the cost of getting married is too high to afford. Not to mention houses, cars, etc. The bride price alone is daunting. In this regard, China's civil code clearly opposes it. Article 1042 of the Civil Code stipulates that arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage.
Third, in the question, why doesn't the law support a man who is going to divorce within an hour of receiving the certificate to sue for divorce?
According to the provisions of China's civil code, marriage is not easy, and divorce is not a child's play. Marriage is not a joke, not a joke, not a hasty marriage, and divorce should be more cautious. Marriage should be based on feelings, not child's play, not hasty, and marriage means responsibility.
According to the relevant provisions of China's Civil Code, divorce has strict procedures and conditions. Article 1079 of China's Civil Code stipulates that if one of the spouses requests a divorce, the relevant organizations can mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's courts shall conduct mediation. If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted. So if you get married hastily and get a marriage certificate, it will be easier to get married than divorce. Therefore, the law does not support the divorce request of the man involved.
4. Can the woman get legal support for claiming 300,000 yuan on the grounds of "being turned into a married woman"?
The answer isno. Article 109 1 of China's Civil Code stipulates: "In any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (5) Having other major faults. " The woman's claim for compensation is "being turned into a married woman", which does not meet the legal requirements, and her claim for compensation is not supported by the court.
abstract
Marriage is an important event in life, not a child's play. You should think carefully before getting a license. What happened in this hour is unknown to outsiders. But the decision to divorce was too hasty.
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