Li and Lai, they used to be a loving couple, gave each other promises, and looked forward to a better future. Their union is the result of free love and the expectation of the family.
At first, the life after marriage was sweet and beautiful, and Lai's care and concern gave the warmth of Li's family. Soon after, the birth of the child brought more laughter and hope to the family.
However, over time, the pressure of trivialities and reality begins to erode their feelings. Since 2011, for the sake of the family's livelihood, Li decided to go out to work, while Lai stayed in his hometown to take care of the children. This separates them from each other, and they get together less and leave more.
Surrounded by loneliness and longing, Li meets Lai's brother-in-law, a man who also shoulders family responsibilities, in a strange city. The lonely souls of the two people gradually approached, and in the process of seeking comfort from each other, they finally crossed the red line that should not be crossed.
After Lai learned of his wife's betrayal, his heart was like a knife. He worked hard to save this marriage, hoping that Li would be able to repent and turn back. However, Li's heart had already drifted into the distance and could never return to Lai.
In 2019, Li made it clear that he refused to live with Lai. Lai's heart was full of pain and doubts, and he never understood why his wife, who had been in love with each other, left him. Li believes that all this is due to Lai's failure to fulfill family responsibilities and lack of care and love for her.
When the time came to 2023, Li filed for divorce. During the trial, Lai demanded that Li compensate him for 160,000 yuan in mental damages. Li did not show weakness and admitted the fact that she had cheated in marriage, but said that it was caused by Lai's negligence, and asked Lai to compensate her for 100,000 yuan in mental damages. The divorce case caused a stir in the local area, and people were talking about why the once-loving couple had come to this point.
Uncle Ke's opinion: The divorce case has caused a sensation, and people are talking about why this once loving couple has come to this point. In the reader's view, this is a story about family and marriage, and it reminds people that there should be mutual respect, understanding, and support in marriage. Although divorce is an unfortunate outcome, the couple has done their best to save the marriage and try to resolve the problem. Readers feel sympathy and heartache for Lai, who stayed in his hometown to take care of the children for the sake of his family, but Li chose to cheat, causing the family to break up. Lai has the right to claim moral damages because he has been betrayed and hurt in this marriage.
Aunt Shu's point of view: The divorce case has caused a sensation, and people have been talking about why this once loving couple has come to this point. In the reader's opinion, the story is full of human complexity and the element of inability. Although Li's infidelity was the root cause of the divorce, Lai also had the responsibility to maintain and manage his marriage. Their problems can be caused by poor communication, mutual neglect, and stress in life. The reader felt that Lai's demand for compensation for moral damages from Li was a bit excessive, because everyone has the responsibility to take responsibility for their own actions. At the same time, Li should also bear some responsibility for his derailment, and cannot completely shift the responsibility to Lai.
Legal Opinion:
1.According to the first paragraph of Article 25 of the Marriage Law of the People's Republic of China, the other party may request a divorce for bigamy. In this case, Li admitted the fact that she had cheated in marriage and clearly refused to live with Lai, so it can be determined that it is bigamy.
2.According to Article 49 of the Marriage Law of the People's Republic of China, if one of the husband and wife requests a divorce, if it is related to his own fault, the purpose shall not be to compensate for moral damages. In this case, Lai filed a claim for compensation for his mental damages, but Li believed that this was caused by Lai's negligence, so he requested Lai to compensate her for her mental damages. According to the relevant legal provisions, the party who requests a divorce may not be compensated for moral damages if the act is related to his or her own fault. Therefore, Lai's claim for moral damages has no basis in law.
3.According to Article 46 of the Marriage Law of the People's Republic of China, the party at fault shall bear certain liability for compensation in the event of divorce. In this case, Li admitted her marital infidelity, so it can be determined that she is at fault. According to the law, the party at fault shall bear certain liability for compensation.
4.According to the specific circumstances, the court may make a corresponding determination and judgment on the moral damages based on the interaction between the parties and relevant evidence. At the same time, the court may also take into account the economic situation of both parties and other influencing factors to appropriately adjust the amount of compensation.
It is worth noting that the above legal opinions are only estimates based on the facts of the case, and in the actual judgment, the court will make judgments and rulings in accordance with the provisions of the law and the specific circumstances.