One day, Zhang Tong wanted to send her child to a tutoring class for English class, and before leaving, she actually changed into beautiful clothes, put on a very beautiful makeup, and sprayed some perfume. Lu Yiming didn't like the smell of perfume the most, so he smelled it all at once. He faintly felt in his heart that something was not quite right, sending a child, as for such a big effort?He wanted to go to a ** after all.
So, Zhang Tong drove off on the front foot, and Lu Yiming followed behind on a motorcycle, Zhang Tong may have been too anxious and didn't notice her husband behind her. She did park her car in front of the tutoring class, but after seeing her child inside, she did not drive home, but walked into a hotel not far away. Zhang Tong entered the room with the room card, Lu Yiming leaned on the door and listened, and sure enough, a man's voice came from inside, and the man was Chen Hao.
He resisted the anger in his heart, found the waiter, and asked him to open the door on the grounds that he forgot to bring his room card. Lu Yiming rushed into the room, and the scene in front of him made him both ashamed and angry. He rushed up to Chen Hao is violent beating, and took out his mobile phone to film all this unbearable scene. Seeing this, Chen Hao hurriedly begged for mercy, saying that as long as Lu Yiming didn't poke this matter out, he was willing to lose money. At this time, Lu Yiming's mind was still relatively clear, he knew that if this kind of thing happened, his marriage with Zhang Tong would come to an end, but if he fulfilled the two of them, his child would have no mother, so Chen Hao had to pay the price for this and compensate the child 60,000 yuan.
Chen Hao hurriedly said that he really didn't have that much money, so he scraped together and asked someone to borrow it, but in the end he only scraped together 25,000 yuan and transferred it to Lu Yiming in three times. Lu Yiming also did what he said, and as soon as he went back, he sued Zhang Tong for divorce, but the two had a disagreement over the custody of the children and the division of divorced property. Originally, Lu Yiming had a great chance of winning, but in order to help Zhang Tong fight for custody, Chen Hao actually came out to call the police, saying that Lu Yiming misbehaved and could not set an example for his children, because he had blackmailed himself many times.
Lu Yiming, who is very reasonable in defending his rights, filed a divorce lawsuit in court and asked to fight for custody of the child. During the entire trial, Lu Yiming provided the ** he witnessed in the hotel as evidence to prove the improper relationship between Zhang Tong and Chen Hao. However, in order to help Zhang Tong fight for custody, Chen Hao framed Lu Yiming for defamation, claiming that Lu Yiming had blackmailed him many times in an attempt to reverse the situation of the lawsuit.
The court found that this was a complex family conflict and specially hired a psychological counselor to help resolve the matter. After in-depth communication and family investigation, the psychological counselor found that the reason for Zhang Tong's affair was because she felt that her life lacked passion and self-realization after marriage, and at two o'clock in the middle of the night, her long-standing pain finally broke out, and she chose to confide in Chen Hao, and developed an adulterous relationship between them. She expressed great remorse. And the sexual relationship in it also not only hit Lu Yiming's marital relationship, but also caused a lot of damage in Zhang Tong's heart.
Although Chen Hao provided some negative evidence involving Lu Yiming, Lu Yiming's lawyer questioned Chen Hao in many ways. First of all, Chen Hao's testimony lacked credibility and conclusive evidence, and he failed to provide any written materials or other evidence to prove how many times he had done itWhether there has been any additional derailment, this Chen Hao did not provide. From the judge's point of view, Chen Hao's behavior can be regarded as extortion.
Uncle Zhang's point of view:
1.Zhang Tong has the right to find his own happiness. Although she was married, her mind gradually left Lu Yiming, and after meeting Chen Hao, she was even more attracted to him. She feels dissatisfied and stressed in her marriage, and looking for another relationship is to satisfy her inner needs and is also a pursuit of her own happiness.
2.Lu Yiming protected the rights and interests of him and his children by beating Chen Hao violently and demanding compensation of 60,000 yuan for his children. He has made great efforts to ensure that his children are not implicated in his divorce from Zhang Tong, which shows his sense of responsibility and determination as a husband and father.
Grandma Li's point of view:
1.Zhang Tong's infidelity is a betrayal of her marriage and family, and she should better communicate and resolve her grievances in her marriage, rather than choosing an affair. Such behavior not only harmed her husband, but also had a negative impact on the children.
2.It is inappropriate and immoral for Lu Yiming to solve the problem through violence and blackmail. Although he fought for the rights and wealth of his children, this way only made the divorce dispute between him and Zhang Tong more complicated and bad. He should be more calm and seek a reasonable solution to protect his own rights and interests with his children.
According to Article 32 of the Marriage Law of the People's Republic of China, if one of the spouses has any of the following circumstances, the other party may request the people's court to grant a divorce:
1) Committing domestic violence or abusing or abandoning family members;
2) Bigamy or other marital or romantic relationships that have a serious impact on the existence of the marital relationship;
3) Have gambling, drug abuse, or other Xi that have a serious impact on the existence of the marital relationship;
4) Other serious violations of marital obligations.
According to the above provisions, the improper relationship between Chen Hao and Zhang Tong had an obvious and serious impact on the marital relationship, giving Zhang Tong to abandon the children and family responsibilities, thus seriously violating the marital obligations. Therefore, the judge ruled that Zhang Tong lost custody and Lu Yiming received custody of the child.
On the issue of property division, according to article 41 of the Marriage Law of the People's Republic of China, if one of the spouses requests the division of property at the time of divorce, the people's court shall make a judgment on the division of property according to the following circumstances:
1) One of the husband and wife bears more family responsibilities and provides more labor or property for the joint property of the husband and wife** or labor or property for raising children;
2) One of the husband and wife is incapable of working and provides a large amount of labor and property for the joint property of the husband and wife;
3) One of the spouses has a large amount of property before marriage;
4) Other circumstances.
According to the above provisions, Zhang Tong already owned a certain amount of property before marriage, and her behavior caused the breakdown of the marital relationship, which caused Lu Yiming great harm. The court ruled that Lu Yiming was entitled to a certain amount of property division. According to the property and income of both parties, the court finally ruled that Zhang Tong should return half of the marital property to Lu Yiming.
The above is the legal opinion and relevant legal provisions of this case:
1.Article 32 of the Marriage Law of the People's Republic of China: Article 32 of the Marriage Law of the People's Republic of China stipulates that if one of the spouses commits domestic violence or abuses or abandons family members, bigamy or other marriage, romantic relationships, gambling, drug abuse and other evil Xi or other serious violations of marital obligations, the other party may request the people's court to grant a divorce.
2.Article 41 of the Marriage Law of the People's Republic of China: Article 41 of the Marriage Law of the People's Republic of China stipulates that if one of the spouses requests the division of property at the time of divorce, the people's court shall make a judgment on the division of property according to the family responsibilities of one of the spouses, inability to work, premarital property and other circumstances.