Marriage should have been a happy event, it not only represents the sublimation of love between two people, but also the joy of sharing the family. However, what happened to Xiaomei was hard to believe, not only was she forced by her biological parents to marry someone she didn't like, but she finally escaped, and she was sued by her biological father in court. In the end, what did the court decide?
In the Spring Festival of 2019, Xiaomei, who was working outside, returned to her hometown for the New Year and met Xiaoshuai through the introduction of relatives. Parents think that Xiaoshuai knows the roots, and he is also a good match with Xiaomei's family, so he should settle down as soon as possible. Because Xiaomei was not yet 20 years old at the time, she had not reached the legal age of marriage. So, the two families thought that they could get engaged first. So he invited relatives and friends from both sides to organize the engagement ceremony. So on Valentine's Day, under the witness of two families and friends, Xiaomei and Xiaoshuai became an unmarried couple from just met.
However, Xiaomei did not have the joy of being a bride, but felt pain, because she did not like Xiaoshuai, and thought that she was still young and did not need to rush to set a lifelong event. So, after getting engaged, Xiaomei escaped from this home that made her feel suffocated under the pretext of continuing to go out to work. After leaving home this time, he did not go back for five years.
Until the biological parents sued Xiaomei to the court, asking Xiaomei to repay the expenses of 50,000 yuan due to the divorce, the cost of which was the red envelope at the time of the engagement and the gift money given by Xiaoshuai's family.
Does Xiaomei want to return the 50,000 yuan?
In this case, Xiaomei's parents demanded that Xiaomei return 50,000 yuan, but they could not provide evidence to prove that the 50,000 yuan was collected by Xiaomei.
And Xiaomei's argument is that the 50,000 yuan is a bride price given by Xiaoshuai's family, and it was directly handed over to her father for safekeeping when she was engaged.
During the trial, Xiaomei's father also said that the red envelopes were distributed by Xiaomei's mother and uncle, and they managed it themselvesfurther corroborates Xiaomei's words
Therefore, Xiaomei does not need to return the 50,000 yuan.
In the end, the court rejected all the claims of Xiaomei's parents.
Is an engagement legally binding?
Betrothal has no legal effect and is a folk custom。An engagement is a marriage contract between a man and a woman before the formal formalities of marriage. If one of the engaged men and women is unwilling to get married, they only need to notify the other party and do not need to ask for the other party's opinion. The notified party cannot force the other party to marry him for any reason, otherwise, it is an illegal act and an infringement of the freedom of marriage of another person.
What is the legal age of marriage?
Article 1047 of the Civil Code stipulates that the legal age of marriage in China is "".Yes, men must not be earlier than 22 years old and women must not be earlier than 20 years old”。This means that in China, only when a person reaches this age can they legally get married.
This provision is made to ensure that the marriage isBased on the complete voluntariness of both parties, and at the same time, for the sake ofProtect young people's abilities and maturity in taking on marital responsibilities.
Do parents have the right to interfere in their children's marriages?
Parents do not have the right to interfere in the marriage of their children. But in life and tradition, many parents will interfere with their children's marriage for various reasons, of course, some of them are really to avoid their children's pitfalls, but some of them should take their children for granted, so as to interfere in all their children's affairs, including marriage.
In our country, the behavior of parents interfering with marriage isresolutely put a stop to itIf parents interfere with their children's marriage, the children may report the situation to the neighborhood committee, village committee, women's federation, and other departments, and request that the civil affairs department criticize and educate the parents. Where parents interfere with marriage with violence, and the circumstances are serious, the children may even report to the police to pursue their parents' criminal responsibility.
The story is adapted from a real case, the names are all pseudonyms, the purpose is to popularize the law, if there is any infringement, please contact to delete.