The latest progress of the "engagement case" of Yanggao in Datong, Shanxi, on January 27, the reporter confirmed from the defendant Xi Moumou and the defense lawyer that on January 25, Xi Moumou, as the plaintiff, filed a civil lawsuit with the Yanggao County Court, requiring the defendant woman to register her marriage in accordance with the "Engagement Bride Price Agreement", if the defendant does not handle it, request the court to order the defendant to immediately return the bride price received.
The defense lawyer said: "If the Yanggao County Court decides to file the case within seven days, it will be the implementation of the new judicial interpretation of the Supreme People's Court on the bride price of engagement on February 1." ”
The man filed a civil lawsuit against the woman.
The cause of action was a dispute over marital property.
Ms. Zhen, Xi's mother, told reporters that her son still asked her to be the client in this civil case.
This civil complaint shows that the cause of action is a marriage contract property dispute, the plaintiff is Xi Moumou, the defendant is the girl involved and her mother, and the plaintiff's client is Xi Moumou's mother, Ms. Zhen.
If the defendant refuses to go through the marriage registration formalities, he requests the court to order the defendant to immediately return the bride price of 100,000 yuan and two rings and expenses received in accordance with the law, and the case acceptance fee shall be borne by the defendant.
According to the complaint, the plaintiff Xi Moumou and the defendant girl met through a marriage agency on January 30, 2023, and quickly developed into a romantic relationship. Although the defendant and the plaintiff did not live together, they often went to the plaintiff's matrimonial house in a community in Yanggao County to rest, and frequently engaged in extremely intimate acts and behaviors.
On May 1, 2023, the two families held an engagement ceremony for the two, and on the same day, the plaintiff handed over a bride price of 100,000 yuan and 72 grams of rings, and sign the "Engagement Bride Price Agreement".
The complaint shows that Xi Moumou still fantasizes about being able to tie the knot with the defendant, tie the knot forever, grow old, and spend the rest of his life together. Since the girl could not be contacted, the defendant was now requested to marry through litigation.
In order to further safeguard the legitimate rights and interests of the plaintiff, and coinciding with the implementation of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Dowry Prices on February 1, 2024, if the defendant does not participate in the litigation or does not reply, it will be deemed that he does not agree to go through the marriage formalities, and the court is requested to make a judgment against the defendant to return the dowry and related property received in accordance with the law.
On this civil complaint signed by the complainant Xi Moumou on January 25, Xi Moumou pressed his fingerprint.
Entrusting ** person.
If the woman does not want to marry, she will file a lawsuit for restitution80,000 property.
On May 1, 2023, a "Engagement Bride Price Agreement" signed by both parties shows that if the man repents before the marriage halfway, the ring and the bride price of 100,000 yuan will not be returned by the woman; If the woman repents, the engagement ring and the $100,000 bride price must be returned to the man.
The reporter noticed that on the day of the engagement banquet, Xi Moumou and the girl both signed the agreement and pressed their fingerprints.
Ms. Zhen, the entrusting person, told reporters that if the woman was unwilling to get married, the plaintiff requested the Yanggao County Court to order the defendant to immediately return the bride price and other property received, involving a total of 11More than 80,000 yuan.
In January 2024, the Supreme People's Court promulgated provisions on several issues concerning the application of law in the trial of cases involving bride price disputes, which explicitly prohibit the extortion of property through marriage, which will come into effect on February 1, 2024.
Look which side is in default.
It's not about asking the girl for money, it's about getting the man to marry her."
We have initiated a civil lawsuit. The defense lawyer confirmed to reporters, "On the morning of January 25, I went to the detention center to meet with Xi Moumou and asked him to sign the civil complaint. ”
The defense lawyer revealed, "We didn't ask the woman for the bride price as soon as we came up, Xi Moumou was reluctant at first, he said that he didn't want to ask her for this money (bride price)." I said that I didn't ask her (girl) for money, but asked you (the man) to marry her, to see if she got married, maybe both parties want to get married, whoever wants to say they don't want to, who will breach the contract, according to the signed marriage agreement, this money can't be asked for yet, it's up to who defaults now. ”
The defense lawyer said: "Since the implementation of the new judicial interpretation on the bride price on February 1, we have asked the woman to go through the marriage formalities with the plaintiff, because the two parties signed a marriage contract, and she also sued him, but he still thinks that he has a deep relationship with her, and this fantasy is a good match with her for a hundred years." Since it was inconvenient for him and the woman to contact him, he initiated this civil lawsuit, demanding that the marriage be completed with the woman and assist in the marriage formalities. If the woman does not agree, the woman will break the marriage contract, and according to this new judicial interpretation, she must return the ring and the bride price of 100,000 yuan, as well as other expenses that the man has given to the woman. ”
The woman's latest response.
Now that it's like this, he's going to do it."
On January 29, the girl's mother said in an interview with reporters: "Is that possible? He (Xi Moumou) said before that no. At that time, I said that I was engaged, and his attitude was okay, saying that he would go home and give the other part of the bride price to his parents and get a marriage certificate, and I said that it was okay, but what happened? I said that if you have money, you will give it, and if you don't have money, don't give it, and I promised it in the house book (plus name), but now that it is like this, I also agreed to get married, and he said that he will do whatever he wants. ”
The girl's mother said that she would compare her heart to her heart, "If the victim is your daughter, what would you do, let's empathize, although I don't understand the law, but I understand reason." At that time, I said to get a marriage certificate, he took her **, I can also tolerate and forgive, they (Xi Moumou's parents) talked about the child, comforted and comforted my daughter, no matter what, it won't be like this in the future, his family is strong, what is crazy, and now it has come to this situation. ”
The girl's mother was very incomprehensible: "At that time, he had already given my daughter **, wouldn't it be right to give her a name?" She is 24 years old, why can't she give her a name? Now to be like this, is this possible? ”
Regarding Xi Moumou's proposal to return the bride price if he does not get married, the mother disdainfully said that the other party would return the bride price if he wanted it, "He wants his money, I want the loss fee of cyberbullying, and I want them to apologize to my child online, and return my daughter's innocence, I don't want 1 cent of money." ”
*: Huashang Daily, Gale News.