Recently, the Wuhan Caidian District People's Court heard a lawsuit case on "marriage and bride price", which caused heated discussions.
More than half a year after the wedding of the man Sun (pseudonym) and the woman Xiaolan (pseudonym), they have never had a "round house"!
Sun then sued the court, demanding that the woman return 200,000 dowry and "three gold" jewelry......
In the face of the lawsuit, the woman was also full of grievances, claiming that "she has never refused the man to live as a husband and wife!"
What exactly did the court decide?
(Source: Jimu News)
Sun and Xiaolan met in June 2019 after being introduced, both were born in 1985, and they were similar in age and soon fell in love.
Three years later, in May 2022, the two parties were ready to get married after discussion.
At this time, Sun took out 200,000 yuan as a bride price according to Xi, and also bought the "wedding three golds", namely gold rings, gold necklaces and gold earrings, and handed them to Xiaofang.
Subsequently, on the premise of not applying for a marriage certificate, the two first hosted a wedding ceremony for relatives and friends in the countryside.
On the day of the kiss, Sun sealed a "red envelope" of 10,000 yuan to the bride Xiaolan as a meeting gift.
However, just four months after the wedding, the two had a conflict, and the relationship was tense to the point of breaking up.
However, here's the problem.
Although the two of them have not gone to the Civil Affairs Bureau to get the certificate, the wedding has also been organized, the bride price has been given, and the three gold have also been bought, which is still hundreds of thousands, what should I do?
Sun preemptively sued Xiaofang in court in a fit of anger, on the grounds that "she has never had a round house for more than half a year of marriage", and asked the woman to return 200,000 dowry, three golds and 10,000 red envelopes on the day of the kiss.
In the face of this accusation, how does the woman Xiaolan explain?
"I've never refused to live as a couple with him!" Xiaolan said.
It turned out that the two have also lived together as husband and wife since their wedding in May 2022.
But because Sun went out to work, in fact, the two were only together for more than 30 days.
As for Sun's accusation of "no round house after half a year of marriage", Xiaofang felt very aggrieved.
She believes that she has never refused to live as a husband and wife with Sun, as for why there is no round house...... Outsiders don't praise it!
Therefore, Xiaolan denied Sun's accusations.
At the same time, he believed that the two parties had held a wedding, he also appeared and participated in activities as Sun's wife in front of relatives and friends, and he and Sun also lived together, and their reputations had been "damaged", and the bride price should not be returned......
The two got married in May and lived together intermittently for a few months, but in September, they broke up unhappily because of various conflicts, and they were even less in the mood to get a marriage certificate.
This has led to the contradictions in today's cases:
I didn't get a license, but I had a wedding, and although I lived together, I didn't have a husband and wife.
From the man's point of view: I spent hundreds of thousands of dollars to get married, but I didn't live a real husband and wife life, it's very wronged!
From the woman's point of view: Everyone knows that I am married to you and still living together, and now I want to return the bride price, and I am also very wronged!
So, how will the court decide?
Let's talk about the verdict first - the bride price will definitely be returned!
The basis is also very clear: if there is no marriage certificate, even if the wedding is held, it does not count!
According to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, the bride price must be returned in the following circumstances:
1. The parties have not gone through the marriage registration formalities;
2. The parties have gone through the marriage registration formalities but do not live together;
3. Premarital payment and causing difficulties in the payor's life.
And Sun's situation belongs to the first type, not to mention that the two have not been married for half a year.
The refund must be refunded, but how much is the refund?
Wuhan Caidian District People's Court held that 200,000 yuan of gift money and three gold jewelry belong to the bride price, but the 10,000 yuan red envelope at the time of greeting relatives does not belong to the bride price.
Since the woman's reputation was also affected because of the fact of "marriage", the court decided that the woman should return Sun's bride price of 160,000 yuan and the "three golds".
The judgment is reasonable and reasonable, taking into account the feelings of both parties and the degree of damage to their interests.
However, in response to this case, because of some personal privacy issues, it has also caused a lot of heated discussions on the Internet......
Since the woman claimed that "she had never refused Sun to live as a husband and wife", why did the two still create a situation where there was no husband and wife? Who is right and who is wrong?
At the same time, we can also see that the two had a conflict only 4 months after marriage, and the marriage certificate was not ripped off, and they divorced directly!
The occurrence of this situation may be related to the fact that both parties do not have a deep understanding before marriage.
Marriage is a sacred and solemn act, and it should not be done hastily, otherwise it will be regretted for the rest of your life......