Zhang San and Xiaoyan are husband and wife, and they have a son after marriage.
In June 2018, after Xiaoyan met Li Si while working, Xiaoyan started dating Li Si as a single person and lived together. In 2020, Xiaoyan became pregnant, and Xiaoyan returned to her hometown in June of that year.
In January 2021, Xiaoyan gave birth to a boy, Xiaoxiaoyan.
In March 2021, Li Si was identified as Xiao Xiaoyan's biological father.
In June 2021, Zhang San filed a criminal private prosecution with the court accusing Li Si of bigamy, but the court ruled to dismiss the prosecution.
In July 2021, Zhang San filed a civil infringement lawsuit with the court, demanding that Li Si pay 150,000 yuan in compensation. The reasons are: first, Li Si knew that Xiaoyan had a spouse, but still lived with her in the name of husband and wife, Li Si was at major fault, and although the court did not pursue his criminal responsibility for the crime of bigamy, his actions caused great economic losses and psychological harm to the plaintiff, and he should be compensated with 50,000 yuan in compensation for moral damagesSecond, Li Si should also bear all the economic losses caused to the plaintiff, including paying medical expenses for Xiaoyan's pregnancy and childbirthThe expenses paid for raising Xiao Xiaoyan are a number of thingsXiao Yan spent a few for Li Si.
The Court held that:
1. Zhang San asked Li Si to bear the expenses of Xiaoyan's pregnancy. In this regard, Zhang San, as the husband, should have borne the above-mentioned expenses, but Zhang San's wife Xiaoyan violated the duty of fidelity of husband and wife by illegally cohabiting with Li Si during the marriage and giving birth to pregnancy, Zhang San was neither Xiao Xiaoyan's biological father nor Xiao Xiaoyan's stepfather, so it was unethical and common sense for Zhang San to bear part of Xiaoyan's living expenses and nutrition expenses during her pregnancy. As Xiao Xiaoyan's biological father, Li Si is also obliged to pay part of the nutrition and living expenses of Xiao Xiaoyan's biological mother Xiao Yan during pregnancyAlthough Zhang San did not submit evidence of the specific expenses for living expenses and nutrition expenses, such expenses were necessary, so the court decided that the total living expenses and nutrition expenses should be calculated at 3,000 yuan per month for five months of partial pregnancy, totaling 15,000 yuan, and Li Si should bear 50% of them, that is, 7,500 yuan. Zhang San paid a total of 14,834 medical expenses for Xiaoyan's pregnancy examination and childbirth in advance08 yuan, which is closely related to the birth of the fetus, Li Si, as the biological father of Xiao Xiaoyan, is obliged to pay one part of the above expenses, so the above expenses are determined to be borne by Li Si 50%, that is, 741704 yuan.
2. Ask Li Si to return the cost of Xiaoyan to purchase various items for him. There is sufficient evidence to determine that the total value of the clothes purchased by Xiaoyan for Li Si is a certain amount of yuan, and this amount should be determined to be that Xiaoyan paid from the joint savings of Zhang San and Xiaoyan, and that the purchased property was donated to a third party without Zhang San's consent, which damaged Zhang San's joint ownership of property, and the above-mentioned gift was invalid, so Zhang San's request for Li Si to pay the above amount was supported by this court.
3. Demand that Li Si pay 50,000 yuan in compensation for spiritual solace. In this regard, this court held that it was Xiaoyan, as Zhang San's wife, that violated the duty of husband and wife to be faithful to and respect each other, and that it was Xiaoyan's unfaithful behavior that caused mental pain to Zhang San, and that there was no sufficient evidence to prove the fact that Zhang San claimed that Li Si deliberately cohabited with Xiaoyan knowing that she was married and not divorced, so Zhang San's request for Li Si to compensate her for spiritual solace lacked factual basis and had no basis in law, and this court did not support it.
The court of first instance decided:Within 30 days after this judgment takes effect, Li Si shall pay Zhang San's medical expenses of 7,417 in advance04 yuan, 7,500 yuan for living expenses and nutrition, and compensation for property losses of several yuan;Zhang San's remaining litigation claims were dismissed.