Lawyer Wang Suili's caselegal cases
Facts of the case:
In October 2019, after being introduced, the plaintiff Qin and his parents agreed with the defendant Wang and his parents, and Qin and Wang confirmed their relationship. Later, the two parties agreed to get engaged on October x, 2019, and get married on October x, xxxx, with an engagement bride price of 6,600 yuan and a wedding bride price of 106,800 yuan. The plaintiff and his parents agreed to ask someone to send an engagement bride price of 6,600 yuan to Wang on October x, 2019, and asked someone to send a wedding bride price of 106,800 yuan to Wang on the wedding day. Qin and Wang lived together after marriage according to folk Xi on xxxx/x/x, and during the period of cohabitation, the plaintiff learned that Wang did not reach the age of marriage when applying for a marriage certificate, and Wang played with his mobile phone all day after living together at the plaintiff's home, never helped the plaintiff's parents to do things, did not even do housework, and claimed that he came to the plaintiff's house to enjoy happiness. Because the plaintiff and his parents considered that the plaintiff had a second-degree physical disability, they gave in to Wang's behavior, but Wang did not cherish it, and on xxxx/x/x, Wang clearly told the plaintiff and his parents that he was going to go out to work and emphasized that he would not return to the plaintiff's house, after which Wang immediately packed up his personal belongings and left the plaintiff's house, and upon repeated requests from the plaintiff and his parents, Wang made it clear that he would not return to the plaintiff's house. In summary, Qin and Wang married and lived together according to folk Xi after only 3 months of acquaintance, and the plaintiff, as a second-degree physical disability, paid a high bride price of 113,400 yuan to the defendant for marriage, and Wang clearly stated that he would no longer live with Qin and left the plaintiff's home on xxxx/x/x.
Result:The court held that Article 1042 of the Civil Code of the People's Republic of China stipulates that it is forbidden to solicit property through marriage. Article 5 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (I) reads: "Where a party requests the return of the bride price paid in accordance with Xi customs, the people's court shall support it if it is found that the following circumstances apply: (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 payments that cause hardship to the payor. ", the plaintiff Qin and the defendant Wang 1 have lived together for less than nine months after the wedding according to folk Xi, Wang is now only 19 years old, has not reached the legal age for marriage, and Wang has not lived with the plaintiff since he left the plaintiff's home in xxxx, and objectively the purpose of the marriage between the two parties can no longer be achieved, so the plaintiff's claim for the defendant to return the bride price should be supported.
In accordance with the provisions of Article 1042 of the Civil Code of the People's Republic of China, Article 5 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1), and Article 90 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: the defendant shall be limited to jointly and severally return the bride price paid by the plaintiff Qin within 15 days from the effective date of this judgment, totaling 60,000 yuan.