Original title: the woman just got married and derailed and the court sentenced her to pay 20 thousand yuan for mental injury solatium.
The woman just got married and went off the track and gave birth to her daughter. It was not until after the divorce that the man realized that the daughter was not born of her own and confirmed the fact through paternity testing. But the woman said the man knew that her daughter was not born. Recently, the second court of the city decided that the woman was guilty and had to pay the man 20 thousand yuan for mental injury.
On August 23, 2012, Xiao Jun and Xiao Xiao (both aliases) registered marriage, July 17, 2013 Xiao Xiao gave birth to his daughter Duo (alias). On April 30, 2015, Xiao Jun and Xiao Xiao divorced because of emotional discord. They agreed that Xiao Xiao should take care of Xiao Xiao, and Xiao Jun should pay 500 yuan a month. After the divorce, the army paid 10,000 yuan in maintenance fees, and bought commercial insurance and cooperative medical insurance for urban and rural residents.
Unexpectedly, the small army listened to others say that Lutu is not his own, will be doubtful, decided to do a paternity test. On February 16, 2017, the expertise came out: based on available data and DNA analysis, the biological father of the small army was excluded.
Accordingly, the small army sued the court, demanding that the ex-wife compensate for mental damage and return the maintenance fees already paid.
After trial, the court of first instance held that Xiaoxiao violated the principle that couples should be faithful to each other after marriage. The daughters of Xiaoxiao were not the children of Xiaojun's own, which caused great mental injury to Xiaojun. The Xiaojun asked Xiaoxiao to pay the spiritual damage relief to the court for support. However, Xiaojun claimed that the amount of money was too high. The court decided that 2. Ten thousand yuan, and sentenced Xiao Xiao to return the support payments of the small army. In response, Xiao Xiao refused to accept the case and appealed to the second municipal court.
After trial, the court of second instance held that Xiaoxiao and the army registered marriage and gave birth to daughters, a total of 328 days, Xiaoxiao appealed that Xiaoxiao had known before marriage that the child was not his own daughter. According to the statement, Xiao Xiao should be pregnant for more than 328 days. Whether Xiao Xiao's pregnancy was a medically calculated 280 days or more than 328 days, he did not submit sufficient evidence to prove that Xiao Jun knew that she was not Xiao Jun's biological daughter.
Because Xiao Xiao didn't tell Xiao Jun that she was not his own daughter, she had a subjective fault. The fault caused Xiao Jun to raise her for more than three years, which caused great mental damage to the small army, and caused the personal interests of the small army to be infringed. Xiao Xiao should bear the corresponding tort liability. Xiao Xiao was sentenced to 20 thousand yuan in compensation for mental injury.
Because the army has no definite duty to support the peasants, the small army has the right to ask for the return of the economic losses suffered by the peasants.
The court of second instance adjusted Xiao Xiao's refundable maintenance fee, while the rest upheld the original judgment.
The judge said > >
It is wrong to marry a girl in marriage.
Compensation for mental injury
According to the contractor, the focus of the controversy in the case was to know whether to pay a soldier's soldier for mental damage. China's marriage law stipulates that husband and wife are loyal to each other. The obligation of husband and wife's duty of loyalty includes the absence of extramarital sexual behavior during the 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. This kind of behavior is more serious than the situation in which the spouse cohabits with others. It is neither advocated by traditional morality nor permitted by law.
In this case, Xiao Xiao used concealment and deception to convince the army that Botu was his own daughter and raised him for many years. Xiaoxiao's behavior not only infringes on the property rights of the obligor without legal maintenance, but also causes the small army 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, Xiaoxiao, as the fault party, has caused serious mental damage to the minor army of the non-fault party and infringed upon its right of personal dignity. The minor army may ask Xiaoxiao to compensate the minor army for spiritual damage.
Another focus of the case is whether Xiao Xiao should bear the cost of returning the children to the small army. 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.
After identification, Botu is not the biological daughter of the small army, there is no blood relationship between the two sides, so the small army has no statutory duty of maintenance, so know that the small army should compensate for the maintenance expenses and other related expenses.
Upper news Chongqing evening news slow news reporter Tang Zhongming
Editor in chief: Wu Jinming
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