Typical Cases of Family and Marriage Disputes (Henan)

catalogue

1. Wang Mouhui v. Chai Mou's Visitation Right Dispute Case

2. Dispute case of Fu Moutong suing Fu Mouqiang for alimony

3. Dispute case of Yu Mouwang's alimony

4. Feng Mougang and Zhou Mouwei v. Feng Mouwei for Termination of Adoption Relationship

5. Jia v. Liu's Maintenance Dispute Case

6. Case of Chen Mouzhen v. Chen Mouling and Chen Mouxia in Support Dispute

7. Yue v. Cao Divorce Dispute Case

8. Property dispute case after divorce between Zhang and Chen

9. Case of divorce dispute between Shao and Xue

10. Dispute over Liability for Damage after Zhou v. Zhang's Divorce

1、 Wang Mouhui v. Chai Mou's Visitation Right Dispute Case

——Don't let the child be harmed again

（1） Basic facts of the case

The plaintiff Wang Mouhui and the defendant Chai Mouhui met through an introduction and began living together on October 6, 2012, following a ceremony held in accordance with rural customs. On September 12, 2013, they gave birth to their daughter Wang Mouyao, and later both parties terminated their cohabitation relationship. Wang Mouhui and Chai Mou once filed a lawsuit to the court over the custody dispute of the illegitimate queen Mou Yao. On June 2, 2015, the People's Court of Junxian County, Hebi City ruled that the illegitimate queen Mou Yao would temporarily live with the plaintiff Chai Mou and would choose to accompany her father and mother when she reached adulthood. On July 20, 2015, the plaintiff Wang Mouhui filed a lawsuit in court due to a dispute over visitation rights.

（2） Judgment results

The People's Court of Junxian County believes that in this case, Wang Mouyao, the illegitimate daughter of the Central Plains defendant, lives together with the defendant, and the plaintiff, as the father, has the right to visit Wang Mouyao. Both parties have different opinions on the specific time and method of the plaintiff's right to visit. The court, based on the principle of not affecting the normal life of the children, but also increasing communication and exchange between the daughter and the father, reducing the sense of family fragmentation caused by the parents' termination of cohabitation, and promoting the children's physical and mental health and growth in the future while safeguarding the plaintiff's legitimate rights, in accordance with Article 38 (1) of the Marriage Law of the People's Republic of China According to the provisions of the second paragraph, from the effective date of the judgment, the plaintiff Wang Mouhui may visit his daughter Wang Mouyao once on the first Sunday of each month from 9am to 17pm, and the defendant Chai shall provide assistance.

（3） Typical significance

The right of visitation is a legal right enjoyed by parents and children who do not directly support them to visit, contact, meet, interact, and live together for a short period of time with underage children. There are many reasons for disputes arising from not directly raising children and visiting them after divorce, and the problems are very complex. The root cause of these disputes is often due to both parties' hasty consideration of handling child rearing and the other party's visit to children during divorce, resulting in conflicts and barriers. The provisions of China's Marriage Law on the right to visit are relatively principled, with only one provision: "After divorce, parents who do not directly support their children have the right to visit their children, and the other party has the obligation to assist. The way and time to exercise the right to visit are agreed upon by the parties; if an agreement cannot be reached, the people's court shall make a judgment." In such cases, when determining the time and method of visit, the court should be conducive to the physical and mental health of the children From the perspective of not affecting the normal life and learning of children, the methods of visitation should also be flexible, diverse, simple, and operable, facilitating the exercise of rights by the parties and effective enforcement by the court.

2、 Dispute case of Fu Moutong suing Fu Mouqiang for alimony

——Can one party be required to pay alimony during the marriage period

（1） Basic facts of the case

The plaintiff Fu Moutong's mother, Han, married the defendant Fu Mouqiang on December 7, 2012 and gave birth to a son Fu Moutong on September 18, 2013. The medical expenses paid by the plaintiff for Han's hospitalization and childbirth will be paid by the defendant Fu Mouqiang. Since the birth of the plaintiff Fu Moutong, his mother Han has taken him away from living alone. The defendant Fu Mouqiang has not paid the plaintiff's support for Fu Moutong. The defendant paid a certain amount of cash without fixed income. The plaintiff informed the court and requested the defendant to pay monthly maintenance fees.

（2） Judgment results

The People's Court of Huiji District, Zhengzhou City believes that parents have the obligation to raise and educate their children. During the period of marriage, if both or one of the parents refuses to fulfill their obligation to raise their children, or if a minor or child who is unable to live independently requests payment of maintenance fees, the people's court shall support it. In this case, after the plaintiff was born, the plaintiff's mother lived separately from the defendant. The plaintiff's mother led the plaintiff to live alone, and the defendant had not paid the plaintiff's maintenance fees. Therefore, the plaintiff's request for the defendant to pay maintenance fees met the legal requirements. Therefore, the defendant was ordered to pay a lump sum of RMB 400 per month to the plaintiff within ten days after the judgment came into effect, starting from October 2013 to the date of the judgment; The defendant, Fu Mouqiang, shall pay the plaintiff a monthly maintenance fee of RMB 400 after the judgment takes effect, until he reaches the age of 18; Reject the plaintiff's claim to pay a disproportionate amount of money.

（3） Typical significance

The demand for alimony from underage children is generally only generated during or after the divorce of both spouses. However, during the marriage period, as the property of both spouses is jointly owned, whether it is possible to demand the party who fails to fulfill the obligation of upbringing to pay alimony is the main point of controversy in this case. Prior to the promulgation of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III), there had been controversy over this matter. Article 3 of the Interpretation (3) of the Marriage Law clearly stipulates that during the existence of the marriage relationship, if both parents or one party refuses to fulfill the obligation of raising their children, or if a minor or child who cannot live independently requests payment of maintenance fees, the people's court shall support it. Raising children is a legal obligation that parents should fulfill. Whether it is within or outside marriage, children born in wedlock, or children born out of wedlock, the parents' obligation to raise children remains unchanged. As long as one party fails to fulfill this obligation to raise children, underage children have the right to claim support from them. At the same time, in determining the specific amount of child care expenses, it is also necessary to maintain the normal needs of the child's clothing, food, housing, transportation, education, and medical needs based on their actual living needs. It is also necessary to comprehensively consider factors such as the economic income, expenses, current living burden, possibility of fulfilling obligations, and social status of both parents, and finally make a fair and reasonable judgment.

3、 Yu Mou v. Yu Mouwang in a dispute over alimony

——Can the standard of maintenance fees increase with rising prices?

（1） Basic facts of the case

Plaintiff Yu's mother and father divorced through mediation in 2008, and both parties reached a mediation agreement. Yu was raised by his mother, and his father Yu hoped to pay a one-time support fee of 23000 yuan in court. In 2013, Yu attended the second grade of primary school at a bilingual experimental school with an annual tuition fee of 3600 yuan. His mother had no fixed income and her main source of income was working. Later, Yu filed a lawsuit in court requesting his father, Yu, to pay a monthly maintenance fee of 1000 yuan until he reaches the age of 18 on June 30, 2023.

（2） Judgment results

According to Article 37 of the Marriage Law of the People's Republic of China, agreements or judgments regarding children's living and education expenses shall not prevent children from making reasonable demands to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. Article 18 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Fees in Divorce Cases by the People's Court" stipulates that if the original amount of childcare fees is insufficient to maintain the actual living standards of the local area, children may request an increase in childcare fees. In this case, the plaintiff sued Yu's parents for divorce in 2008. At that time, both parties agreed that Yu's father would pay a one-time child support fee of 23000 yuan in court, with an average of 62.5 yuan per month. In 2012, the per capita living expenses of rural residents in Henan Province were 5032.14 yuan, with an average of 419 yuan per month. Based on the above situation, it is evident that the alimony originally paid by Yu's father is currently insufficient to maintain the actual living standards of the local area. Therefore, the People's Court of Queshan County, Zhumadian City has ruled in support of the plaintiff's request for an increase in alimony.

（3） Typical significance

Many countries and regions around the world follow the principle of "prioritizing the interests of the child" and "the principle of the best interests of the child" when legislating marriage and family laws. Currently, China's Marriage Law and Minors Protection Law also clearly stipulate the principle of protecting the legitimate rights and interests of women and children. The principle of prioritizing the interests of minors and the principle of maximizing the interests of minors should become the basic principles of marriage and family legislation in China, and efforts should be made to prevent and reduce the impact of parental divorce on the living environment of minors, as well as adverse factors such as character development, ideological changes, and learning and growth of minors.

In marriage and family cases, when the people's court makes judgments and mediates on the maintenance fees for underage children, the standard of maintenance fees is generally determined based on the average living standard of the local society at that time. However, with the development of the economy, the improvement of living standards, and the rise of prices, the basis for the original court judgment and mediation of maintenance fees no longer exists or has undergone significant changes. If the maintenance fees are paid according to the conditions and standards at that time, they can no longer meet the basic living requirements of minors and cannot guarantee the normal life and learning of minors. Therefore, laws and judicial interpretations stipulate that underage children have the right to demand an increase in maintenance fees from the obligation holder based on legal circumstances. This case is based on the consideration of maximizing the protection of the interests of underage children. In the case where the original mediation agreement has become legally effective, it is allowed for underage child Yu to file a new lawsuit with the people's court, supporting his claim to increase his father's upbringing expenses in accordance with the law. This judgment is in line with the traditional family virtue education of respecting the elderly and loving the young in our Chinese nation, and is in line with the requirements of socialist core values.

4、 Feng Mougang and Zhou Mouwei v. Feng Mouwei for Termination of Adoption Relationship

——How is the adoption behavior recognized before the implementation of the Adoption Law?

（1） Basic facts of the case

In November 1987, the plaintiff Feng Mougang went out on a tricycle to sell vegetables, picked up a newly born abandoned baby near the ditch in the north of the village, and carried it home to raise it. The plaintiff Feng Mougang and his wife Zhang Mou declared the household registration for the abandoned baby on November 27, 1987, registered under the two people's registered residence, and named it "the eldest son", Feng Mouwei. Twenty years have passed in a flash, and the defendant Feng Mouwei grew up under the care of the second plaintiff, and married and had children with the help of the plaintiff and his wife. However, the defendant's change of attitude after marriage not only did not fulfill their obligation to support the elderly and frail plaintiff couple, but also allowed their wife to beat and scold the plaintiff, causing public anger among the villagers, causing physical and mental damage to the two plaintiffs, who lived outside for a long time and dared not go home. Helplessly, the old couple filed a lawsuit in court, demanding the termination of their adoption relationship with the defendant and payment of compensation for living and education expenses.

（2） Judgment results

The People's Court of Huiji District, Zhengzhou City believes that the adoption of the defendant by the two plaintiffs in this case occurred in 1987, before the implementation of the Adoption Law of the People's Republic of China on April 1, 1992. Although the plaintiff did not handle legal procedures afterwards, considering that the plaintiff has been raising the defendant for more than 20 years, and there is a certificate issued by the village committee and testimony from neighbors and friends that the plaintiff and the defendant are adoptive parents and children, it should be treated according to the adoption relationship. After the defendant Feng Mouwei became an adult and became a family, he failed to properly handle family relationships and allowed his wife to beat and scold the plaintiff and his wife. However, after mediation by the local village committee and family elders, it was still unsuccessful, resulting in a deterioration of the relationship between the two plaintiffs and the defendant and the inability to live together. The plaintiff and his wife struggled to raise the defendant as an adopted child, but the defendant did not treat the elderly two plaintiffs kindly, causing harm to their physical and mental health. The court, in consideration of respecting the plaintiff's demands and safeguarding the legitimate rights and interests of the elderly, supported the plaintiff's lawsuit request. According to Articles 27 and 30 of the Adoption Law of the People's Republic of China, According to the provisions of Articles 28 and 31 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws, the plaintiff Feng Mougang, Zhang Mougang, and defendant Feng Mouwei were dissolved from their adoption relationship; The defendant Feng Mouwei shall pay the plaintiff Feng Mougang and Zhang Mougang a compensation of 200000 yuan for living and education expenses within one month after the judgment takes effect.

（3） Typical significance

Supporting the elderly is a traditional virtue of the Chinese nation, and it is also an obligation that children should fulfill towards their parents. Whether they are biological or adopted children, they cannot shirk their responsibility for any reason. The plaintiff and his wife adopted the defendant in this case in 1987. Although they did not complete any adoption procedures in accordance with the law, the court should fully consider the plaintiff and their cultural level and the testimony of their neighbors when making a decision. If the plaintiff and his wife deny the adoption relationship solely because they failed to complete the adoption procedures, it will not only make the public unconvinced, but also be detrimental to protecting the plaintiff and her husband who have done good deeds. The defendant Feng Mouwei, as an abandoned baby retrieved by the plaintiff and his wife by the river, was able to grow up healthily and get married and have children. He was fully gifted by the plaintiff and his wife for their upbringing. The plaintiff and his wife worked hard to provide their adopted son with education, arranged their marriage, and helped them take care of their children. However, the defendant and his wife's behavior not only harmed the plaintiff and their legitimate rights and interests, but also had a negative impact on society, The fair judgment of the court is not only a punishment for ungrateful behavior, but also the direction of public opinion.

5、 Jia v. Liu's Maintenance Dispute Case

——Using Law to Rectify "Long Illness Without Filial Piety Before Bed"

（1） Basic facts of the case

The plaintiff, Jia, is 76 years old, elderly, weak and sickly, and unable to take care of himself. From 2012 to 2013, Jia spent over 300000 yuan on medical expenses alone for hospitalization due to illness. Jia gave birth to four sons and three daughters throughout his life, with three sons and three daughters being relatively filial. However, Liu, the third son, has not fulfilled any maintenance obligations for many years. During Jia's stay in the hospital, his three sons and daughters actively raised money and shared medical expenses together. And the third son Liu not only ignored his mother's condition, but also refused to share any medical expenses. Although repeatedly mediated by village officials, Liu was unable to hide. Helpless, Jia went to court to file a lawsuit, requesting that his son Liu be ordered to pay alimony, bear the medical expenses already spent, and share the annual medical and nursing expenses in the future.

（2） Judgment results

The People's Court of Yucheng County, Shangqiu City has held a public hearing to hear this case, and in accordance with Article 21 (3) of the Marriage Law of the People's Republic of China, "When a child fails to fulfill their maintenance obligations, parents who are unable to work or have financial difficulties have the right to demand that their child pay maintenance fees Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: "Supporters shall fulfill their obligations of providing economic support, daily care, and spiritual comfort to the elderly, and take care of the special needs of the elderly. Supporters refer to the children of the elderly and other persons who are legally obligated to support them. The spouse of the caregiver shall assist the caregiver in fulfilling their support obligations The first paragraph of Article 15 states that "the caregiver shall provide timely treatment and care to the elderly who are sick; for the elderly who are in financial difficulties, medical expenses shall be provided." The second paragraph of Article 19 states that "if the caregiver fails to fulfill their maintenance obligations, the elderly have the right to demand payment of maintenance fees from the caregiver." The judgment supports Jia's lawsuit request.

（3） Typical significance

Supporting the elderly is a traditional virtue of the Chinese nation, and it is also a legal obligation that children should fulfill towards their parents. Children should not only support their parents, but also respect and care for them, and provide active support in all aspects of family life. It is not allowed to refuse to fulfill the obligation of maintenance by giving up inheritance rights or other reasons. If a child fails to fulfill their maintenance obligations, parents have the right to demand that their child pay maintenance and medical expenses. When parents are old, weak, or disabled, children should be taken good care of, so that they can receive emotional and spiritual comfort and spend their later years in peace. The defendant Liu in this case, as one of the seven children of the plaintiff, is obligated to provide for their mother, both morally, ethically, and legally. In the case of an elderly, weak, and ill mother, the defendant should jointly bear the obligation of providing for her with other siblings, so that the mother can live a peaceful and happy life in her later years. However, the defendant has the ability to fulfill the obligation of providing for her, but repeatedly evades it, And openly speaking out disregarding the elderly mother, causing a negative impact in the local area and causing public anger. The court, on the premise of confirming the relationship and facts between the two parties, ordered the defendant to fulfill their maintenance obligations in accordance with the law, demonstrating the authority of the rule of law and maintaining moral standards.

6、 Chen Mouzhen v. Chen Mouling and Chen Mouxia in the Case of Support Dispute

——Casting the "Red and Black List of Filial Piety" with Circuit Trial

（1） Basic facts of the case

On May 14, 2015, plaintiff Chen Mouzhen sued his son Chen Mouling and daughter Chen Mouxia in court, claiming that her daughter Chen Mouxia had fulfilled her maintenance obligations. However, her son Chen Mouling not only failed to fulfill his maintenance obligations, but also took the demolition compensation and 2.9 acres of contracted land as his own, often beating the plaintiff without reason. Therefore, the plaintiff Chen Mouzhen sued his son Chen Mouling and daughter Chen Mouxia to the court, requesting that the defendant Chen Mouling pay a monthly maintenance fee of 1000 yuan and return the plaintiff's 2.9 acre contracted land and 18000 yuan in cash.

（2） Judgment results

The People's Court of Suiyang District, Shangqiu City believes that the defendant, as the plaintiff's son, has a legal obligation to support the plaintiff and should be fully responsible for the occurrence of this dispute. The plaintiff requests that the defendant return 18000 yuan in compensation for the demolition of their house and provide partial support for the defendant Chen's claim for alimony; Taking into account the living conditions of the defendant Chen Mouzhen's family and the per capita consumption expenditure standards of urban residents in Henan Province in 2015, it is appropriate for the defendant Chen Mouzhen to receive and pay the plaintiff a monthly alimony of 360 yuan. The plaintiff has lost the ability to work, and the defendant Chen has the obligation to cultivate the 2.9 acre contracted land under the plaintiff's name, but the profits should be the plaintiff's share. Due to the plaintiff's current residence with her daughter Chen Mouxia, the defendant Chen Mouxia has fulfilled her maintenance obligations, and the plaintiff has clearly stated that she has withdrawn the lawsuit against her daughter Chen Mouxia. Based on this, in accordance with Article 13, 14, 15, 17, 18, and 22 (1) of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, Article 21 (3) of the Marriage Law of the People's Republic of China, and Article 64 of the Civil Procedure Law of the People's Republic of China, The defendant Chen Mouling shall pay the plaintiff Chen Mouzhen a monthly alimony of 360 yuan starting from May 2015 (including May) within ten days after the judgment takes effect, which shall be paid on the first day of each month; The defendant Chen Mouling shall refund the plaintiff Chen Mouzhen's compensation of 18000 yuan for house demolition within ten days after the judgment takes effect. The case was tried on a circuit in the village where Chen Mouling was located. Chen Mouling apologized to his father Chen Mouzhen in court and knelt down to beg his father's forgiveness. The judgment is now effective and fulfilled.

（3） Typical significance

The crow has the righteousness of feeding back, and the lamb has the grace of kneeling and lactation. Filial piety comes first, and it is a traditional virtue of the Chinese nation for children to support their parents, as well as a clear provision of the law. The family is the cell of society, and if the family is disharmonious, social harmony becomes a rootless tree. The defendant in this case, Chen Mouling, not only did not support his elderly father, but also robbed money and land, using violence. His unfilial behavior runs counter to the good moral tradition of the Chinese nation and is out of place.

After receiving the case, the People's Court of Suiyang District in Shangqiu City believed that it was a typical case of "trial one case, education one piece". Therefore, a notice of the trial was posted in advance in the village where the original defendant was located, and the case was tried through circuit trial. During the trial, the education of the judge, the audience's comments, and the father's accusations formed an undeniable positive energy, forcing the defendant Chen Mouling to admit his wrongdoing in court, kneel down to beg his father's forgiveness, and promise to fulfill the court's judgment obligations seriously. The people's court, through circuit trials, publicly conducts trials to safeguard the legitimate rights and interests of the elderly, and combines social public opinion to create a "red and black list of filial piety", which can be regarded as a form of exploration for the judicial organs on the path of cultivating socialist core values.

7、 Yue v. Cao Divorce Dispute Case

——The manifestation of the principle of fairness in divorce cases

（1） Basic facts of the case

Yue and Cao were introduced to register their marriage in 1999. Having two children after marriage. After marriage, both parties often argue over family matters, resulting in a breakdown of the couple's relationship. Yue requested a divorce from Cao, who acknowledged the breakdown of their relationship and agreed to divorce. Both parties reached an agreement on the upbringing of children and the distribution of some common property. After investigation, it was found that Cao is a rural housewife who works underground and takes care of a family, but does not have a job or a fixed income.

（2） Judgment results

After trial, the Qibin District Court and Intermediate People's Court of Hebi City believe that Yue and Cao have broken down their relationship and should be allowed to divorce. As a housewife, Cao paid a lot to the family and did not have a fixed source of income. After divorce, it would lead to difficulties in life. According to the relevant provisions of the Marriage Law, Yue was sentenced to provide economic assistance of 20000 yuan to Cao.

（3） Typical significance

In a marital relationship, the woman is often in a disadvantaged position. On the one hand, they often sacrifice their work or even their career to take care of their families; On the other hand, when there are marital disputes, the woman often fails to provide direct economic income to the family, resulting in her legitimate rights and interests not being protected. When trying such cases, it is necessary to fully investigate the facts of the case, and for the woman who has indeed paid more obligations to the family, a certain amount of economic assistance should be awarded to ensure that her legitimate rights and interests are protected. In this case, considering that Cao made significant contributions to the family by raising children and taking care of the elderly while living together with his wife, he made significant contributions; After divorce, there was no fixed economic income and there was a lot of financial pressure to raise children. Therefore, Yue was sentenced to provide financial assistance of 20000 yuan to Cao.

8、 Property dispute case after divorce between Zhang and Chen

——Don't use marriage as a tool for profit

（1） Basic facts of the case

In June 2011 of the lunar calendar, Zhang and Chen were introduced to get engaged. Due to the need for land compensation in Zhang's production group, the Zhang family registered their marriage after less than a month of dating in order to quickly obtain more compensation for the family's "imports". Less than three days after marriage, Zhang continued to study abroad, while Chen stayed with the Zhang family for only a few months before returning to his mother's house. Afterwards, Chen had multiple disputes over demanding land compensation of 58700 yuan from Zhang for each person in the production team. In 2013, Zhang sued for divorce twice in court on the grounds that the couple had a short time together and had no emotional foundation. In the hopeless situation of reconciliation, the Xiangcheng County People's Court sentenced the two to divorce in June 2014 on the grounds that their marital relationship had indeed broken down. After divorce, Chen demanded that Zhang's parents return their land compensation of 58700 yuan. Zhang's parents refused to hand it over on the grounds that they had already spent all their money on marriage, hospitality, and furniture. After multiple unsuccessful demands, Chen sued Zhang's parents again on the grounds of unjust enrichment.

（2） Judgment results

After trial, the People's Court of Xiangcheng County and the Intermediate People's Court of Xuchang City held that the land compensation was jointly owned property acquired by Chen based on his legal marital relationship, and Chen had ownership of his shares. The reason why Zhang's parents argued that all the money was used for marriage, hospitality, and furniture purchase was not recognized, and Chen's lawsuit was supported. Zhang's parents were sentenced to repay Chen's land compensation of 58700 yuan.

（3） Typical significance

With the rapid development of urbanization, various disputes surrounding rural land are also on the rise. As in this case, the Zhang family regards obtaining land compensation and other benefits as the main consideration and purpose of marriage. Such hasty marriages often lack emotional foundation and are extremely unstable, which is extremely irresponsible for individuals, families, and society, and also carries legal and financial risks. Money cannot buy love, nor can it lock marriage. It is better to be cautious when it comes to life.

9、 Case of divorce dispute between Shao and Xue

——In the era of "online love", we should cherish fate even more

（1） Basic facts of the case

In 2012, young people born in the 1980s, Shao and Xue, met during an online chat. The two had a long-term communication through the internet and gradually began dating and meeting. After more than a year of acquaintance and love, they finally officially got married in September 2013. After marriage, the two of them had a good relationship and gave birth to a child the following year. However, problems between the two began to arise from then on. Due to different lifestyle habits and a lack of in-depth understanding of each other's family members and personality traits during online communication, Xue, as a wife, had conflicts with her mother-in-law who came to take care of the baby after marriage. As a result, Shao and Xue often had arguments and arguments. During an argument, Xue finally couldn't bear it and moved hands with his mother-in-law. Helplessly, her husband Shao filed for divorce in April 2015 on the grounds that their relationship had broken down.

（2） Judgment results

The People's Court of Huiji District, Zhengzhou City, after trial, found that both parties easily filed for divorce due to some family matters, which is not very serious. Friction within the family is inevitable, and coupled with the fact that the plaintiff and defendant were engaged in a marriage through online dating, there is still hope for further understanding and easing of tensions between them. To achieve a perfect marriage, both men and women need to understand and tolerate each other. In this case, the plaintiff and defendant still have hope to restore the marriage relationship, but their relationship has not completely broken down. Therefore, the judgment rejects the lawsuit request. The original and defendant have not appealed after being sentenced by the judge to interpret the law.

（3） Typical significance

In recent years, with the rapid development of information technology and transportation, "online love" and "flash marriage" are no longer rare, and long-distance love "thousands of miles away" is gradually becoming popular. However, a large number of divorce disputes, especially cases of marriage conflicts caused by family conflicts after the birth of children, are on the rise. Young people themselves have little emotional experience, are overly emotional, and do not take marriage relationships too seriously. It is not wise to resort to divorce if there is a slight contradiction. The court should also guide the parties involved in the trial to understand each other and jointly maintain the marriage relationship. Young couples should not be easily judged for divorce, and more attention should be paid to leaving buffer and reconciliation space for the conflicting parties. When the court ruled against divorce, it also emphasized that both spouses should pay more attention to communication and adjustment in marriage, enhance their sense of responsibility, and show mutual understanding and tolerance when facing conflicts. At the same time, it is also necessary to guide the older generation to pay attention not to interfere too much with their children's marital life. They should position themselves properly, let their children handle their own marital problems more freely, and strive to maintain the harmony of their children's small families.

10、 Dispute over Liability for Damage after Divorce between Zhou and Zhang

——Can the derailer be requested to pay spiritual compensation?

（1） Basic facts of the case

In 2003, plaintiff Zhou and defendant Zhang registered their marriage and gave birth to one daughter and one son after marriage. In July 2013, Zhang filed a lawsuit for divorce from Zhou, and the court presided over the mediation of the divorce. The main content of the mediation agreement was that both parties voluntarily divorced, and Zhang paid Zhou RMB 38000 in a lump sum, without further investigation by both parties. In May 2013, Zhang gave birth to a daughter with a woman who was not involved in the case. Zhou claimed that he only discovered this matter after his divorce, and now he is suing Zhang for compensation of 30000 yuan for mental damage.

（2） Judgment results

The People's Court of Huaxian County, Henan Province, after trial, found that in accordance with Article 4 of the Marriage Law of the People's Republic of China: "Husband and wife shall be faithful to each other and respect each other; family members shall respect the elderly, love the children, help each other, and maintain equal, harmonious, and civilized marriage and family relationships." Article 46 stipulates that if divorce is caused, the innocent party has the right to request compensation for damages; Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates "compensation for damages" in Article 46 of the Marriage Law, including material damages and spiritual damages. Defendant Zhang, during his marriage with the plaintiff, engaged in an improper sexual relationship with others and gave birth to a daughter, resulting in divorce. He should bear the corresponding civil compensation responsibility and support the plaintiff's request for damages, that is, order the defendant Zhang to pay the plaintiff Zhou a mental damage compensation of RMB 15000. After the verdict was pronounced, neither party appealed.

（3） Typical significance

Being faithful to each other and not betraying love is not only a traditional virtue, but also a legal obligation for couples. Loyalty to marriage is an intolerable form of dishonesty. It not only damages marital relationships, breaks up families, and harms innocent children, but also undermines social norms and is prohibited by law. Therefore, after divorce, it was discovered that the defendant had engaged in infidelity during their marriage and requested compensation for mental damage. The people's court supported it in accordance with the law to demonstrate the fairness and moral power of the law.