"Why did you freeze my daughter's bank card? The man cheated before marriage and wanted us to return the bride price? My daughter has lost her job now. On April 18, at the Executive Bureau of the People's Court of Xinyuan County, Xinjiang, Zhang Liang (pseudonym), the father of the bride-to-be, said emotionally. The next day, the judge successfully concluded the marriage property dispute case.
In 2016, Yanzi (pseudonym) and Da Fei (pseudonym) met and fell in love while working outside, and then lived together.
On February 8, 2022, the two parties returned to Yanzi's house to hold an engagement ceremony, and Dafei's father Wang Gang gave Yanzi a bride price of 48,000 yuan and gold and silver jewelry worth 7,033.5 yuan. At the engagement ceremony, Yanzi promised to get married with Da Fei on February 22. Later, because Yanzi found out that Da Fei was cheating, the marriage collapsed. On October 31, 2023, Da Fei and his father Wang Gang sued Yanzi and his father Zhang Liang to the Xinyuan County People's Court, requesting the return of the bride price and gold and silver jewelry.
On January 29, 2024, considering the impact of the common life experience on the woman, the Xinyuan County Court determined that Yanzi and her father Zhang Liang should return the majority of the bride price of 38,523.45 yuan (i.e. 70% of the amount of the bride price and jewelry) within 10 days from the effective date of the judgment.
After the judgment took effect, because Yanzi and his father did not return the bride price, on April 8, Da Fei and his father Wang Gang applied to the court for compulsory enforcement.
After entering the enforcement procedure, the enforcement cadres and police took into account the particularity of the property dispute in the marriage contract, and decided to adopt the pre-enforcement mediation model to resolve the dispute in line with the principle of mediation giving priority and the case being concluded. The mediation team patiently did ideological work for Yanzi and her father Zhang Liang, combining the rigidity of legal authority with the flexibility of humanistic feelings, informing them of the legal consequences of refusing to perform effective judgments and rulings, and at the same time explaining the adverse effects of being included in the list of dishonest judgment defaulters, restricting high consumption, and judicial detention. In the end, after the judge handling the case repeatedly explained the law and reasoned, Yanzi and his father Zhang Liang returned more than 38,000 yuan in dowry. So far, the case has been satisfactorily resolved.
Judge's tip
Pursuant to Article 5 of the Interpretation (1) 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, if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not completed the marriage registration formalities, (2) the parties have gone through the marriage registration formalities but have not lived together, and (3) the payment has been made before marriage and has caused hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
Source: Rule of Law Daily, China Law Popularization
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