It happened in Kunming recently.

The man was a college student in 1995 and the woman was a nurse in 1997. It was the man who sued for divorce. He thought he had broken up with that woman before marriage. Because the woman harassed him many times during the breakup, he made a hasty decision and lied to his parents that the school needed a household registration book. The woman thinks that the man deliberately cheated marriage and should compensate himself for 300,000 yuan. But in the end, the court did not decide that the two men divorced, but thought that they had a certain emotional foundation after falling in love and their feelings did not break down, and rejected the man's divorce request.

In this case, although the divorce request was rejected, there are several interesting legal issues to discuss:

The woman hinted that the man was cheating, meaning that their marriage was concluded by fraud.

Legally, if two people divorce after marriage, then the marital status becomes divorce. Those who cancel their marriage registration will never get married, and their marital status will be recorded as unmarried.

We know that if the contract is concluded by such fraudulent means, we can ask the court to cancel the contract. In essence, marriage is also agreed by both men and women, similar to a contract. Then, if one party marries the other by fraudulent means, can it ask the court to cancel it?

This was not possible before. Before the promulgation of the Civil Code, the law did not stipulate that one party could request the cancellation of marriage registration after being cheated.

Because the most important thing in marriage is feelings, whether feelings reach the level of marriage is a very subjective judgment. Whether a certain behavior can lead one party to decide to marry the other party is also subjective, and it is difficult for others to judge.

Therefore, the law generally does not think that marriage can be revoked because of fraud. If one party is found to have cheated before marriage after marriage, which leads to the breakdown of their feelings, they can ask for a divorce, and it is generally not allowed to cancel the marriage.

Before the promulgation of the Civil Code, the law only stipulated that those who were coerced into marriage could sue for the cancellation of marriage. However, for those who get married by fraudulent means, there is no provision that they can sue for annulment.

However, the Civil Code stipulates that in one case, a person who marries by fraud may request the cancellation of the marriage.

It is of course fraud to conceal a serious illness before marriage. Therefore, this provision can be regarded as revoking the provision of cheating marriage. However, this provision has a special background, because the marriage law before the civil code stipulates that marriage is prohibited if there is a major illness that is not suitable for marriage. If you get married, the marriage is invalid. But now the Civil Code has abolished this restriction and added this clause as a supplement.

That is to say, according to the current regulations, people with serious diseases are allowed to get married as long as they know. For example, AIDS patients were previously forbidden to get married. Marriage is allowed now, but the other party must know that you can do it with me. If one party conceals it before marriage and the other party knows it after marriage, it can be used as a reason for requesting cancellation.

But in addition to this legal situation, the law still does not allow to sue for annulment of marriage on the grounds of fraudulent marriage.

For example, during the relationship between Zhang San and Xiao Li, she pretended to be a rich second generation, and then they got married. After getting married, Xiaoli found herself cheated. Zhang Sanyi is poor and white. The jewelry she gave herself before marriage was fake and the house was rented. In this case, Xiaoli can't sue for divorce on the grounds that Zhang San is cheating on marriage, only divorce.

As for cheating marriage, as we said before, we can only sue for dissolution of marriage if we conceal a serious illness, and we can only divorce if other circumstances are not allowed.

However, it should be noted that those who have not revoked their marriage are generally not considered to have caused actual losses to the other party, and those who claim compensation will not be supported.

Then, if cheating leads to divorce, can the cheated party claim compensation?

Can't!

Because the reason why the court allows divorce is that the relationship between the two parties is broken, not that one party cheated before marriage.

Although the law stipulates that in some cases, one party can claim compensation from the other party after divorce or at the time of divorce, fraudulent marriage is not in these cases.

These five situations that allow claims are all required to occur within marriage, not including fraudulent marriage.

So we can only say that we should get along as well as possible before marriage, and don't find it different from what we imagined before marriage and then regret it.

Unreasonable. When I say unreasonable, I don't mean that the amount of compensation of 300,000 yuan is huge, but the cruel reality is that after the court's judgment, the woman can't even get a penny.

It happened in Kunming. Male, born in 1995, a college student in Kunming. The woman was born in 1993 and works as a nurse in a clinic. It is said that they met through the introduction of the man's father (the man's father went to the clinic to see a doctor). At first, the man was satisfied with the woman, and the woman also had a good impression on the student boyfriend. But slowly, the boy found that he no longer loved his girlfriend, but his girlfriend insisted every day, texting and calling her boyfriend.

The unbearable boyfriend actually made a wonderful decision, that is, to marry this girl, and secretly, without telling his parents and relatives. During the period, I was afraid that my parents would not agree, so I made up a reason to defraud my family's household registration book on the grounds that the school needed it, and then I went to the Civil Affairs Bureau to register my marriage with the girl.

What is even more amazing is that only one hour after receiving the certificate, the man has already asked for a divorce. Speaking of the reasons for leaving by flash marriage, the boy's statement is ridiculous. Anyway, get back at that girl! Because I didn't want to get married, because I couldn't stand the harassment of my girlfriend, I agreed to get a marriage certificate. Now that the girlfriend's goal has been achieved, it is natural to apply for divorce.

Seeing this, I really want to slap this man for this girl, because it's too bullying. Since you don't love this girl, why did you marry her? Now that you are married, you should be nice to girls. Is marriage a joke? How can you come to a conclusion after talking, and leave after talking? This extremely willful, hasty and irresponsible behavior can be said to be more harmful and insulting.

The woman did not agree to divorce, and the two sides went to court. In the court, the woman offered 300,000 yuan as divorce compensation on the grounds that she was deceived and thought her boyfriend was suspected of marriage fraud, but the court did not support it. Because the court's decision is that the marriage between the two parties is valid and does not support divorce.

First of all, although the boy's practice is excessive, it does not conform to the situation of marital fraud. Marriage fraud is that the man conceals his illness and debts before marriage, which is not suitable for marriage, and can constitute fraud. Obviously, this person is not satisfied. His behavior belongs to impulsive marriage at most, which is an irrational and immature performance, so the court does not support the girl's claim for compensation.

Secondly, I think no matter how much money I pay, I can't make up for a girl's broken heart. In this incident, men were sloppy and irresponsible, and so were girls. In order to keep the boy, the woman took the marriage certificate in a hurry without the witness and blessing of relatives and friends, and delivered her life to the irresponsible boy. What girls want is not money, but a boy's responsibility.

Since the court does not support divorce, both parties are still husband and wife. I hope that boy can grow up, understand the meaning and responsibility brought by marriage, and don't let this girl down. Girls try to relax and try to maintain this relationship. If not, please keep your eyes open. I believe you will find a better and more suitable man!

Marriage is an important event in life, not a child's play. You should think carefully before getting a license. What happened in this hour is unknown to outsiders. But the decision to divorce was too hasty!

Does the woman want 300 thousand for money? Probably by asking for money, let the man retire and cancel the divorce decision.

People who eat melons let them calm down and wait for a decision. But I still hope they are happy!

A male college student in Kunming asked for a divorce only one hour after receiving the certificate. Is it reasonable for the woman to claim 300 thousand? This question, I saw the news yesterday. This case is a male student and a female nurse. Men and women are not together for a day or two. Why do both parties get a marriage certificate and ask for a divorce? What's the purpose? It is difficult to divorce just by getting married, which is not good for both parties' future marriages. In the column of marriage, they are all second marriages. A hasty decision will leave doubt for future marriage. It is also right that the court does not rule on divorce. If a man says that he has bad feelings before marriage, why should he go to the Civil Affairs Bureau to get a marriage certificate with his household registration book? It's not self-defeating, playing with marriage.

Facts are stranger than novels. Getting an hour of repentance and divorce is also a record. However, the records are used to break, and it is estimated that there will be a license to tear the marriage certificate on the spot in the future. However, treating feelings and marriage in this way will not only hurt each other, but also hurt themselves, and will also waste the administrative and judicial resources of the country.

Such a short marriage relationship goes to court, and both sides have their own demands. Should the court make clear whether the marriage is invalid before making a judgment? Can it be revoked? Is it a divorce or not? Let's look down:

First of all, divorce within 1 hour after obtaining the license, is it an invalid marriage? On the stipulation of invalid marriage in China s civil code;

Article 105 1 The marriage is invalid in any of the following circumstances:

(1) Bigamy;

(2) Having a family relationship that prohibits marriage;

(three) did not reach the legal age for marriage.

It can be seen that the parties concerned do not meet the above conditions, and their marriage relationship is legal and valid. So, can such a short marriage be revoked? The Civil Code also provides for revocable marriages:

Article 1052 If a marriage is made under duress, the coerced party may request the people's court to cancel the marriage.

Article 1053 If one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it fails to tell the truth, the other party may request the people's court to cancel the marriage.

According to news reports, there is no compulsion or serious illness, so it is not a revocable marriage. Now that the man wants a divorce, he can only go through the divorce formalities. So why did the court decide not to divorce? Let's take a look at the provisions of the Civil Code on divorce:

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

Now, you see, the young couple did not meet the conditions for granting divorce (the time was too short to produce these problems), so the court did not decide to grant divorce.

It's not over yet. The woman also filed a claim of 300,000 yuan. What should I do about it? The Civil Code also provides for compensation for marital damage:

Paragraph 2 of Article 1054: When the marriage is invalid or revoked, the innocent party has the right to claim damages.

Article 109 1 In case of divorce, the innocent party has the right to claim damages under any of the following circumstances:

(1) Bigamy;

(2) Living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members;

(five) there are other major faults.

As I said just now, this marriage is not invalid and revocable, so there is no question of claiming damages. At present, the court has not decided to grant divorce, and there will be no claim for damages that lead to divorce. Therefore, the court will definitely not support the 300,000 yuan compensation proposed by the woman.

Actually, it's not over. At present, this matter has come to an end, the court has not yet decided on divorce, and the young couple can go home and continue their lives. However, after so many troubles, one divorced and the other had to pay compensation, which became a hot news search. Can such a small life continue? So we should also think about the court's decision here. Although it does not meet the conditions of divorce judgment, although the first lawsuit in judicial practice generally does not judge divorce, this kind of love is not long, the marriage time is short, and there is no marriage relationship with life. Is it necessary to continue? As the old saying goes, a twisted melon is not sweet. This so-called marriage, is to continue to maintain, hoping to cultivate the sweet relationship between husband and wife, or to cut the gordian knot, citing the fifth paragraph of Article 1079 of the Civil Code and other circumstances that lead to the breakdown of the relationship between husband and wife, allowing them to break up and find real happiness separately. Which way is better?