Women's divorced women get divorced and lose 20 thousand of their ex mental costs.

Women's divorced women get divorced and lose 20 thousand of their ex mental costs.

Court of Divorce after a woman cheated in marriage and gave birth to a daughter: Compensation for the mental loss of her ex-husband of 20,000 yuan

The swallow (alias) cheated in marriage and gave birth to a son. After divorcing her ex-husband, Zhang Quan (alias), she also asked her ex-husband to pay the maintenance fee. After paying 20 months' alimony, Zhang Quancai realized that something was wrong and brought a lawsuit to the court.

Recently, the Chongqing No. 2 Intermediate People's Court sentenced the case, because of infidelity in marriage and have children, swallow should compensate Zhang Quan for mental loss, and return Zhang Quan to pay the maintenance fee.

After paying 20 months' alimony

Found that her daughter was not born.

In August 23, 2012, Zhang Quan was married to swallow, and the swallow gave birth to Nini in July 17, 2013.

On April 30, 2015, due to emotional discord, the two agreed to divorce, agreed that Nini was raised by swallows, Zhang paid a monthly maintenance fee of 500 yuan.

After the divorce, Zhang was divided into 20 months and paid a total of 10,000 yuan for her daughter's upbringing. She also bought commercial insurance and cooperative medical insurance for Nini. Although his feelings with his ex-wife broke up, Zhang thought that he should fulfill his father's obligations.

But all of this was broken by a paternity test in February 16, 2017. Zhang Quan and Nini were identified by an appraisal center in Chongqing as the biological father of Nini according to the available data and DNA analysis results.

This result made Zhang Quan very vulnerable. He filed a lawsuit against the court, asking the swallow to compensate for the mental loss and return the paid alimony.

Defendant woman failed in appeal

Court upheld spiritual compensation

After trial, the court of first instance held that the swallow violated the principle of mutual loyalty between husband and wife after marriage. The daughter was not Zhang Quan's own, which caused great mental injury to Zhang Quan. It supported Zhang Quan's claim that the swallow should pay spiritual comfort. However, in the specific amount of compensation, Zhang Quan claims that the amount is too high, the court decided to 20,000 yuan, and decided to return the swallow Zhang Quan to pay the maintenance fee and so on.

The swallow refused to accept the appeal to the second intermediate people's Court of Chongqing. Swallow said that before the two married, Zhang Quan had known that the child was not his own, and he was also quite unjust when he was the defendant.

After trial, the court of second instance held that the time between their marriage registration and the birth of their daughter Nini was 328 days, much higher than the 280 days of pregnancy calculated by medical science. In addition, the swallow did not submit enough evidence to prove that Zhang was "informed".

Because swallow did not tell Zhang Quannini is not her own daughter, its subjective fault, the fault caused Zhang Quan to raise Nini for more than three years, caused greater mental damage to Zhang Quan, resulting in Zhang Quan's personal interests were infringed, swallow should bear the corresponding tort liability, so the original judgment swallow compensation Zhang Quannini spirit. 20000 yuan is not inappropriate.

The court of second instance has adjusted the maintenance fee of the swallow, and the rest has upheld the original judgment.

Judge interpretation

Derailment violates the duty of loyalty between husband and wife.

It also violated the monogamy principle.

The marriage law of China stipulates that husband and wife are loyal to each other. Among them, the faithful duty of husband and wife includes no extramarital sex during the period of marriage.

This provision increases moral obligations to legal obligations. If one of the spouses has extramarital improper sex with another person and has children, the act not only violates the duty of loyalty of the husband and wife, but also violates the principle of monogamy.

In this case, the swallow used concealment and deception to convince Zhang Quan that Nini was her own daughter and raised for many years. The swallow's behavior not only infringes the property rights of the obligatory person without legal support, but also causes Zhang Quan to suffer mental pain, reputation damage and personality evaluation.

Referring to Article 46 of China's Marriage Law and the Supreme People's Court's interpretation of several issues concerning the determination of liability for compensation for spiritual damage in civil torts, as the fault party, swallow caused serious mental damage to Zhang Quan, who was not at fault, and violated his right of dignity, Zhang Quan can claim compensation for the spiritual damage and comfort of swallow. Kim.

Should the swallow bear the cost of returning Zhang Quan's child and whether the original judgment was wrong?

If one party without fault has fulfilled the child's custody obligation, the fault party shall compensate the child for the loss, and the custody fee paid shall be returned.

In this case, after identification, Nini is Zhang Quan's biological daughter, there is no blood relationship between the two sides, so Zhang Quan has no statutory duty of maintenance, so the swallow should compensate Zhang Quan's maintenance expenses and other related expenses.

However, in judicial practice, the maintenance obligations performed during the marriage can not be measured by sufficient and clear evidence with specific money. The court may decide on the basis of local general consumption level. Newspaper reporter Zhang Xu

Editor in chief: Zhang Shen

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