Qiu reached the age of being able to talk about marriage, and his family introduced him to a girlfriend, the woman Ms. Xia was honest and honest, and she looked good, and the man's parents felt very satisfied, and helped the man set up this marriage, and the two determined their relationship.
Qiu and his girlfriend Ms. Xia are not working in the same city, and they can only meet occasionally, and they usually rely on ** to contact, because the parents of both parties have met, and they are introduced by people who know the roots, and they trust each other quite when they are in love.
After a year and a half, the parents of both parties felt that their children had reached the age of marriage, so it was better to settle this matter with more peace of mind, and then choose a day to do the happy event, which was also a matter of concern for parents.
The engagement ceremony is not allowed to be sloppy, Qiu's parents held a grand engagement ceremony for Qiu, and at the same time gave the future daughter-in-law Ms. Xia 1880,000 yuan bride price. At the engagement ceremony, Qiu's parents also gave Ms. Xia 20,000 yuan to change her mouth, and also bought Ms. Xia more than 20,000 yuan of gold bracelets, gold necklaces, and gold rings.
After getting engaged, the two began to live together, thinking that they could choose a good day and enter the formal married life, but at this critical time, something unpleasant happened.
When the two lived together for half a year, Ms. Xia's father died suddenly, and Qiu, who was still living in two places at this time, learned that his future father-in-law had passed away, and his fiancée was very sad and immediately rushed to his fiancée's side to accompany him. Ms. Xia looked at Qiu distressedly, he resigned to accompany him, and once developed a sense of dependence on Qiu.
At this time, Qiu, who came to Ms. Xia's side to accompany her, quit his job and did not find a job in a short period of time, Ms. Xia was also very considerate of Qiu, she told Qiu that he did not have to rush to find a job, and that he could support him by continuing to work during the period of filial piety, so that Qiu could stay at home.
Every time she returned home, Qiu would wait for her to come back at home, and Ms. Xia felt the warmth of home, and she felt more secure and relied on than when she was alone.
However, the turning point of fate was at this time.
The two lived together for two months, and Ms. Xia found a record of Qiu's transfer to a strange woman during her work. When Ms. Xia asked, Qiu confessed that he transferred money for **. This unforgivable fact made Ms. Xia unacceptable, she couldn't face a person who pretended to love herself very much every day, but she was with someone behind her back. Ms. Xia immediately made the decision to break up, and at the same time recalled what friends Qiu made behind her back during her filial piety. According to Qiu's confession, when he was at work, he also went out on a date.
Ms. Xia recorded all of Qiu's confessions, including his dates in other provinces after he got engaged. For Ms. Xia, Qiu's behavior is completely unforgivable, she has completely lost confidence in him, and no matter how Qiu apologizes, she is unwilling to look back. As a result, the two had a huge disagreement, and Ms. Xia proposed to dissolve the marriage.
Qiu did not object to the dissolution of the marriage contract, but Qiu demanded that all the bride price he spent for Ms. Xia be returned. He insisted that Ms. Xia return the 26 he had paid80,000 yuan dowry, and ** gold jewelry given to Ms. Xia before.
The two parties had a dispute over the amount of the bride price refund, so Qiu sued Ms. Xia in court.
Before hearing this case, I, as a lawyer, carefully studied and analyzed the relevant legal provisions. According to the relevant provisions of the Marriage Law of the People's Republic of China, the widow shall return the bride price of the other party, and return the bride money and property in accordance with the agreement of both parties. Considering that during the death of Ms. Xia's father, Qiu had no job at home and relied on Ms. Xia's support, it was suggested that the court appropriately reduce the amount of Qiu's request for the return of the bride price and require Ms. Xia to return 120,000 yuan.
As for the return of gold jewelry, according to the relevant laws and regulations, if the bride price agreed by both parties should be returned in whole or in part, the donee shall return the bride money and property left by the bride price recipient. Therefore, it is recommended that the court order Ms. Xia to return the gold bracelets, gold necklaces and gold rings that Qiu had previously given her.
Sister Fan's point of view:
1.Ms. Xia continued to work and support her fiancé while he was unemployed, demonstrating her love and support for Qiu. When Ms. Xia lost her father, she also immediately went to accompany her, showing her feelings and sense of family responsibility for Qiu. Her decision to break up with Qiu was rational and correct, because marriage is based on mutual trust and loyalty, and Qiu's betrayal is unforgivable. The return of the bride price and the three gold is in accordance with moral and legal requirements, and Ms. Xia should minimize her financial ties with Qiu, but also for her own freedom and future to be able to start over.
Qu grandma point: 1Qiu showed thoughtfulness and concern for Ms. Xia when she lost her father, and continued to accompany her after the formalities, proving his true love and commitment to Ms. Xia. Although he made a mistake, he has admitted and apologized to Ms. Xia that he should be given a second chance. It is also reasonable for him to demand the return of the bride price and the three golds, after all, it was paid for their marriage, and now that the marriage has broken down, he should not be responsible for these expenses. Ms. Xia should take into account that their former relationship and the money were all requested by Ms. Xia, and it would be fair and reasonable to return them to them.
In order to remain neutral, choose based on your point of view.
1.Regarding the return of the bride price: According to Article 31 of the Marriage Law of the People's Republic of China, the widowed, the incapable of giving birth and those with serious disabilities shall return the bride price of the other party. According to the analysis of the case, during the death of Ms. Xia's father, Qiu had no job at home and needed to rely on Ms. Xia's support. Taking this into account, the amount of Qiu's bride price refund can be moderately reduced, and it is recommended that Ms. Xia return Qiu's bride price of 120,000 yuan.
2.Regarding the return of gold jewellery: According to Article 31 of the Marriage Law of the People's Republic of China, if the bride price agreed by both parties shall be returned in whole or in part, the recipient shall return the bride price and property left by the bride price recipient. According to the engagement ceremony between Ms. Xia and Qiu, Qiu's parents gave Ms. Xia a gold bracelet, a gold necklace and a gold ring. Considering that the gold jewellery was given to Ms. Xia as part of the bride price, it was suggested that Ms. Xia should also return the gold jewellery to Qiu.
To sum up, according to the law, it is recommended that Ms. Xia return Qiu's bride price of 120,000 yuan, and at the same time return the gold bracelet, gold necklace and gold ring purchased by Qiu. It is hoped that the court will hear the case fairly and make a reasonable ruling in accordance with the provisions of the law to safeguard the legitimate rights and interests of both parties.