Chutianjinbao News presenter leaves can be
Talk to people: 28-year-old company employee Zhou Yi
Talk time: April 22, 2012
Married only three months, Zhou Yi is determined to divorce because her husband Chen Hong, "not humane."
Zhou Yi Chen Hong to conceal the truth with marriage, whether his actions are "Pianhun act", whether he violated the woman's rights and interests should enjoy sex marriage? Zhou Yi in order to bring to the court for divorce litigation, can be realized? She raised the possibility of compensation for moral damage to Chen Hong? Chen Hong, said the matter was referred to the relatives Zhou Yi known for his reputation, privacy constitute infringement, he would court counterclaim Zhou Yi, and claims for damages, his reasonable request?
Zhou Yi calls late at night. She was awakened by the reporter was very sorry, "but I really stand it no longer, the last few months, I hardly slept a good night sleep, is spent in sleep in."
Did not ask the past
Two years ago in September, I was introduced to the current husband Chen Hong, his three years older than me. Chen Hong 1.72 meters tall, although not to mention handsome handsome appearance there are some masculinity. Although he was just a gang car drivers, only two thousand yuan monthly income, yet I'm high, but I got to this age, family reminders very tight, I do not want to pick up.
Chen Hong is not my first friend to talk. First boyfriend talk more than four years, the last encounter, he soon married "cheating", we separated. From 22 years old to 26 years old, the best four years of life, just as it is wasted.
I fell in love with Chen Hong, and he asked me if I had talked to her boyfriend there. I know that he asked what it meant, it is also hiding something, and I will candidly. And Chen Hong also told me that he had also spoken to a girlfriend. May be based on some kind of understanding, we were the last thing on both sides did not ask before.
Not to mention how happy the day of love with Chen Hong. He is a man, then is not that much, but for me, I still feel the thoughtfulness. He was on a business trip, that they will bring me some local products. Much money, but the easy way out. Not only me, my parents also think that he is a fit person to live. And, I also found him different from ordinary boy, when shopping together with other boys, even if I wear more beautiful, after seeing the strange beauty of street, their eyes still secretly took aim glances towards them. Chen Hong at this point is very honest.
Marriage, Chen Hong told me there had been intimate act, but he gave up at the last moment. He said he is still a very traditional man.
New Year's Day this year, I told Chen Hong officially receive a marriage certificate. Wedding night that night, he drunk, we were almost in a gown and sleep.
The next day, had a normal holiday, but a leader, he's going to a business trip, he had to accompany again. Married to a driver, I can only accept their fate. Chen Hong, etc. After coming back from the field on the fourth day, I deliberately put himself dressed that night, but he still did not follow between husband and wife live a normal life. Almost all night, Chen Hong Lai in front of the computer playing games did not leave.
Finally, the answer is revealed: Chen Hong simply can not afford that regard. Married only one week, but suddenly found her husband in that respect not, I really tears. In my repeatedly pressed, Chen Hong told me that he used to be the line, but then I do not know how to die. He admitted that, after he broke up with his girlfriend a few years ago, but had a moment of leisure lonely house and out several times, also looked for cheaper streetwalkers, accidentally infected with the disease, follow the alley poles ads go treatment ......
I questioned him cry, why not tell me before marriage. Chen Hong was speechless.
Since then a few months, I dedicated to comfort him, and secretly took out their savings to a hospital to find his heart rule of man. But the effect is not obvious. A familiar doctor privately told me that he sick time is too long, little hope of cure. And see no effect of treatment, fear of being seen acquaintance, Chen Hong went to just give up after a few times. Any how I called him, and not smell filled.
Married a few months ago, I sleep every night. Chen Hong is drunk.
Get rid of the pain
I told Chen Hong licensing although only in my home have had a feast, but the unit still has a lot of my colleagues know. To some good female colleagues joked I no longer taboo, they sometimes joke to my head and asked me with Chen Hong's case, I can only keep a smile.
At first, Chen Hong problems, I also feel very ashamed, no one to tell.
But I was emotional outbursts Chen Hong's parents: from our wedding since they said Chen Hong has over Sanxun, and is an only child, and asked what time I'm ready to let them grandchildren. Almost meet once every month to ask, and sometimes have to say on the phone once a roundabout way.
With Chen Hong to completely abandon the treatment, my mood avalanche camel broke out last month, his parents asked me again, I could not help but tell them, they ask that question their own son, and that none of my what is the matter. His parents realized that the problem is serious, and afterwards came to apologize to me.
But this time it was too late, I already piled anger erupt, I filed for divorce to Chen Hong. He strongly disagreed.
I now only 100 days to go before the wedding Chen Hong divorce caused my parents strongly questioned. They think I do not quarrel with Chen Hong, without trouble, just married from what? I was forced no choice but to tell the truth. My parents are very surprised, began to support me. Since then, some friends and relatives with exercise, the relationship to be good, I'll speak up.
Chen Hong of face, and he accused me of his bad reputation. But we noisy than a month, but he still refuses to divorce. His logic is very simple, as long as I do not divorce him, he can begin to prove the previous rumor. But this life, I never thought of it! Chen Hong said that if I want to have children, we can do IVF, but that is a woman full of life it?
(Dictating text characters as a pseudonym)
This issue special counsel law firm emblem Huolin Hubei China
Husband "not humane", my husband has repeatedly asked to prepare their own when pregnant, so Zhou Yi suffered mental torment. Zhou Yi in the law for a series of doubts, the current special Jiabinhuolin lawyers have made a detailed answer.
1. Zhou Yi: Chen Hongming know themselves "not humane", still concealing the truth to marry me, so I was mentally tortured. His behavior is not a Pianhun act on whether the law should be subject to certain penalties? Whether the conduct of the man against the woman should enjoy the rights of married sex?
Huolin: According to Article 46 of China's "marriage", if it is because of "bigamy, who has a spouse living together with others, domestic violence or abuse, abandonment of family members and other reasons lead to divorce," the innocent party has the right to claim damages.
Despite Chen's case against the sexual rights of behavior she had got married, but the behavior does not belong to the marriage law of damages case, she had got not in order to obtain compensation.
2. Zhou Yi: I asked Chen Hong 100,000 yuan compensation for mental harm me, and I was married to the property damage cost of 50,hogan outlet,000 yuan (home of the costs spent on the wedding banquet), a total of 15 million, but not Chen Hong agree. Will my request is reasonable? Last year, we both parents to help us pay for the down payment of housing loans, both parents from each of 10 million, is the name we were on the card. Because he is the innocent party, I asked him to give me a house, can I claim is legitimate?
Huolin: According to the relevant provisions of the Supreme Court "on the determination of mental tort liability for damages Issues interpretation", Mr. Chen's behavior does not belong to our law may require spiritual compensation range. Despite his actions against the spirit she had got really caused some damage, but because the current law does not clearly defined, therefore, Chan require 100,000 yuan compensation for moral damage no legal basis.
Whether the marriage feast of the money can be refunded the problem, according to relevant laws and regulations in force, no legal basis to request the return.
According to the Supreme Court interpretation on issues of applying "Marriage" (b) Section 22 and "Marriage explanation (c)" the provisions of Article 7, the property belongs to the common property of the two sides. Because Chen's behavior does not belong to the fault situation "marriage" provisions, Ms. Zhou Chen will require property ownership to no legal basis for their request.
3. Zhou Yi: Now, I insist on a divorce. But Chen Hong did not agree, he felt my wife "emotional breakdown did not." Excuse me, if I go to court with the man, "not humane" grounds of divorce proceedings, would have access to legal support?
Huolin: According to the Supreme Court "to hear divorce cases, how to identify a number of specific comments on marital relations have been broken," states that "the statutory prohibition of marriage spouse suffering the disease, or one of a physical defect (or other reasons can not have sex and difficult to cure), "regarded as husband and wife" feeling no longer exists. " If a party insisted divorce, mediation does not work, divorce law.
Case, she had got a request for divorce can get legal support.
4. Zhou Yi: Chen Hong said, I had going to divorce him, and ask friends and relatives of both parents, telling them the truth. Now, the court also let more people know about the divorce, which damaged his personality and reputation, but also a violation of his privacy. He has repeatedly threatened me that if I'm to court, he would sue me to the court against his reputation and privacy, to find my claims 200,000 yuan. Can I really against him these benefits? Am I a victim, I would compensate him?
Huolin: Privacy refers to the secret life of citizens, or do not want to tell people do not want your personal information disclosed.
According to the Supreme People's Court "on the implementation of the Civil Law Issues Opinion" (Trial) Section 140 provides: "aired in written, oral and other forms of another's privacy, or fabricating facts to openly vilify others personality, as well as the use of insults, slander, etc. libelous, some impact, it should be recognized as citizens against acts of defamation. "
When she had got just ask friends and relatives of both parents, told them the truth, did not go around preaching Chen's privacy, defamation and privacy are not against the man.
In addition, she had got to the court by the prosecution divorce proceedings does not belong to preach the privacy of others. And divorce cases involving personal privacy can not apply for a public hearing, so, Mr. Chen told the court she had got its reputation and privacy infringement, and claims 20 million, there is no legal basis.