A couple of newcomers, Xiaoyan and Dajian, met through a blind date. Xiaoyan was born in the countryside of Gansu Province, and due to her family's economic situation, she began to go out to work early. After returning to his hometown, he was introduced to Dajian. At the beginning, Xiaoyan felt that Dajian was honest and not good at words, so the two quickly established a relationship.
On the occasion of marriage, the bride price became the focus of the issue. According to local customs and the agreement of the two families, the bride price was set at 186,000 yuan. However, Dajian's family was not wealthy, so he paid the bride price in multiple installments. Xiaoyan didn't care too much about love and the future of her family.
At the beginning of their married life, Xiaoyan and Dajian's lives were quite sweet. However, soon after, Xiaoyan found that Dajian's temperament had changed drastically, not only did not do housework, but also often lost his temper with her. What shocked Xiaoyan even more was that Dajian, who was drunk once, actually beat her. Xiaoyan's heart began to cool down, but considering that she had just gotten married, she chose to endure it.
However, by chance, Xiaoyan found that there was an unfamiliar message on Dajian's mobile phone. After checking, I found out that Dajian had been married and had a child. This news is a huge blow to Xiaoyan. The Da Jianjia and her in-laws had been silent about it before, which made Xiaoyan feel that she had been deceived. Her feelings for Dajian completely collapsed, and she decided to divorce and recover the bride price.
But it's not that simple. When Dajian learned of Xiaoyan's determination, he chose to sue Xiaoyan in court with a complaint and demanded that all the bride price be returned. In court, both sides argued over their own words.
According to the law, the return of the bride price is not a generalization. When hearing the case, the court will consider factors such as the length of time the parties have lived together, the whereabouts of the bride price, and whether they have children. Although Xiaoyan claimed that part of the bride price had been used for household expenses and renovations, there was insufficient evidence to prove it. Moreover, the two have just been married for half a year, and they do not meet the conditions of "going through registration procedures but living together for too long" in the law. Therefore, the court finally ruled that Xiaoyan needed to return the bride price of 186,000 yuan in full.
In addition, on the issue of domestic violence, if Xiaoyan has evidence to prove that she has been subjected to domestic violence by Dajian, she can file a lawsuit with the people's court. Domestic violence is a serious offense, and the perpetrator will be punished according to its severity.
As for the issues mentioned by Xiaoyan, such as the issue of dowry, the transfer of joint property by Dajian, and the party at fault for the divorce, they did not fall within the scope of the court's trial because they were not raised in the first and second instances. If necessary, an appeal can be filed again.
【Popular Legal Education】
This case reminds us that marriage is not child's play and that we need to be cautious when choosing a partner. When faced with problems in marriage, both parties should resolve them through communication and negotiation and avoid going to court. At the same time, for domestic violence and other illegal acts, we must be brave enough to stand up and say "no" and use legal weapons to protect ourselves.
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