The wife's pregnant man and the "Principal 3" stole the marriage certificate and was forced to leave home.

The wife is pregnant. He and the "Primary 3" steal the marriage certificate and he is driven out of the house to pay for the loss of moral damages.

In the 6th year after his marriage, his wife, Yin Xiaoqin, was pregnant with his second child. Zhang Yue, 34, falsely claimed that she had been divorced and received a marriage certificate with the “Little Three” who hadn’t known for a long time. A few months later, the reality of big marriages was revealed. Yin Xiaoqin resolutely demanded a divorce. Zhang Yue gave up most of his property, including deposits, real estate, and companies, because he had lost his money. The injured Yin Xiaoqin felt that these punishments were not enough. Six months after the divorce, she sued the court and demanded that Zhang Yue compensate her 50,000 yuan mental damages for the misfortune of bigamy. Nanjing Liuhe Court recently concluded the case. The court held that Yin Xiaoqin had the right to request compensation for mental damages, but considering that the parties agreed to a divorce, Zhang Yue’s punishment was reflected in the division of property, and the compensation amount was reduced to 10,000 yuan as appropriate.

His wife was pregnant. He and the “Primary 3” stole the marriage certificate.

Yin Xiaoqin was born in 1980 in Kunshan City, Jiangsu Province. In 2002, Yin Xiaoqin introduced and met Zhang Yue, a Nanjing Liuhe who was doing business in Kunshan. After a period of time, the two established a love relationship and registered for marriage in Kunshan in 2004. In 2005, the first child was born. In the following years, the couple started business together and the company's business grew bigger and bigger. They purchased two villas in Kunshan successively.

In early 2010, because he felt that one child was too lonely, Yin Xiaoqin had another child. She never imagined that during her difficult months of pregnancy, Zhang Yue had betrayed her. She first had a affair with a young woman, and later used a loophole in the civil-marriage registration system that was not connected to the internet to falsify a divorce certificate. Means to obtain a marriage certificate with the woman in Nanjing. In May 2010, this marriage certificate was discovered by Xiaoqin. The Indian Xiaoqin who had been pregnant for more than four months could not withstand the blow. His body and emotions were on the verge of collapse. Zhang Yue was forced to receive a divorce certificate with “Primary III” under pressure. Although the anger was extremely extreme, for the sake of his 5-year-old son and his unborn child, Yin Xiaoqin forgave Zhang Yue. However, Zhang Yue did not really reflect on himself. In the following months, he continued to keep in touch with the “P3”. Even Xiao Xiaoqin even discovered his intimate video taken with “P3”.

The villa company belongs to his ex-wife and he only gets a car

In October 2010, the child was born. Because of the poor state of pregnancy, the production process is very difficult. Yin Xiaoqin was lying in the delivery room and remembered the betrayal of Zhang Yue in the past year and his heart was cold. Before she left the moon, she made a divorce decision. After many years of business, Xiaoqin has been defiant in his personality and will never waver once he decides. She quickly listed the property list, drafted a divorce agreement, and negotiated with Zhang Yue. Her agreement is divided into two parts. One is the right to custody of children. Both children are supported by the woman. The man is not allowed to visit him privately and does not need to pay child support. The second is the division of joint property. The deposits are all owned by the woman and are located in two buildings in Kunshan. The property rights of the villa belong to the woman. The two companies also belong to the woman. Only one car belongs to the man. Perhaps out of embarrassment, perhaps afraid of public opinion pressure, Zhang Yue finally voluntarily signed this divorce agreement with obvious penalties.

On December 31, 2010, both parties went through a divorce procedure. In the process of implementing the divorce agreement, under Zhang Yue’s ardent efforts, the two sides negotiated a supplementary agreement after several rounds of negotiations, stipulating that the child custody rights were transferred to Zhang Yue, and Yin Xiaoqin did not bear the maintenance expenses, in order to ensure that Zhang Yue’s With economic ability to raise children, Yin Xiaoqin agreed to transfer the two companies to Zhang Yue at market price.

Suspected punishment is not enough, the ex-wife prosecutes 50,000 mental damages

Qin Shui, who was deeply hurt, could not forgive Zhang Yue six months after divorce. She felt that Zhang Yue had not received the punishment he deserved. At the end of 2011, she filed a lawsuit in the Liuhe District Court of Nanjing City to claim that Zhang Yue had remarried with another person during her marriage. On the grounds of causing irreparable harm to her at the time of her pregnancy, she demanded that Zhang Yue compensate her with 50,000 yuan for her fault. Yuan mental loss fee.

The Liuhe Court organized a hearing after accepting the case. Zhang Yue admitted that he was at fault but said that he had already signed a divorce agreement with a punitive nature. He had already paid a heavy price for the bigamy. Now that the divorce agreement has come into effect and the divorce procedure has been handled, Yin Xiaoqin has no right to claim damages. .

"The division of property has reflected penalties" and the court reduced the loss of moral damage to 10,000

After trial, the Liuhe Court held that legal marriage should be protected by law. If one party remarries, resulting in emotional breakdown of the divorce, the no-fault party has the right to request damages. The plaintiff Yin Xiaoqin had never explicitly stated that he had waived the right to damage litigation. Therefore, her claim was justified and she filed the lawsuit within one year after the divorce, which is in compliance with the law. Regarding compensation, the court noted that when the two parties agreed to a divorce, they had already shown punishment for Zhang Yue in the division of property. Yin Xiaoqin’s claim for an amount of 50,000 was too high, and was adjusted to 10,000, as appropriate. The final verdict Zhang Yue reimbursed 10000 yuan for the Xiaoran Qin for the big-marital behavior.

Yangzi Evening News reporter Chen Shanshan

Judge Review

Why did he not be investigated for bigamy?

Bigamy is the act of having a spouse who is married to another person or knowing that another person has a spouse and is married to it. This is more serious and degrading than derailment in the ordinary sense. According to the Chengzhi official, the remarriage will not only be responsible for civil liability, but will also constitute a bigamy and bear criminal responsibility. Whether it constitutes the crime of bigamy mainly depends on whether the perpetrator is subjectively knowing and intentionally, and whether it causes serious consequences and bad influence objectively. The crime of bigamy can be prosecuted as well as private prosecution. In reality, private prosecution is the most common one. In this case, Yin Xiaoqin discovered that after her husband Zhang Yue remarried, she mainly took property punitive measures, and did not require the judicial authorities to pursue their criminal responsibilities. When the case was brought to the court, Zhang Yue had already dissolved the marriage relationship with the “Primary III” and the fact of big marriage did not exist. In addition, Yin Xiaoqin did not raise the requirement of investigating the criminal responsibility. Therefore, the court only adjudicated Zhang Yue’s liability for damages and did not Crimes are identified.

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