Chapter 240: Confrontation (1)
"Haha, Lawyer Huang, don't insult this word, this kind of dirty and vicious woman, even her own children can do it, they all say that tigers don't eat children, she is more ruthless than tigers, I Zhang Zili is blind, and I have endured it for half my life to keep this poisonous snake by my side. ”
Zhang Zili looked at Li Hongxia with disgust, "I must divorce today, if I don't get divorced today, I won't get out of this court." ”
is another example of forcing each other to death, even if Huang Yixi can't be sure whether he is really sick, but the court will also grant a divorce when he encounters this situation, not to mention that he doesn't have much life.
This is also the result that Huang Yixi has expected, the current society is afraid of this, and the court is no exception, especially because there are not a few judges and lawyers who are injured by the parties in divorce cases.
Not to mention the role of the courts and judges in this lawsuit.
Li Li'e hurriedly came out to brush up her sense of existence, and it was already at the final juncture, "The defendant and the defendant's lawyer, if you can mediate the divorce, what requirements do you have for the property during the existence of the husband and wife?"
Huang Yixi had already asked Li Hongxia before the trial, her wish was that the family would have a place to stay, but she didn't want to show her hole cards yet.
"My client can't bear the plaintiff to go the last part of the road alone, so my client does not agree to the divorce, if the court decides a divorce, then, on behalf of my client, I demand, in addition to dividing the joint property of the husband and wife, at the same time ask the other party to claim moral damages for my client's years of cold violence, the amount of 200,000 yuan. ”
Huang Yixi's words immediately stirred up a thousand waves, and Zhang Zili's words rushed out, "Didn't you say that you don't dare to think about my property?
Huang Yixi sneered and didn't answer, what she said, except for the amount of moral damages, everything else Li Hongxia should have.
Article 46 of the Marriage Law
In any of the following circumstances, if the divorce is caused, the innocent party has the right to claim damages:
(1) Bigamy
(2) A person who has a spouse cohabits with another person
(3) Committing domestic violence
(4) Abusing or abandoning family members.
According to the judicial interpretation of the Supreme People's Court, the compensation for moral damages generally does not exceed 50,000 yuan.
However, if the judge wants to settle the case through mediation, the amount can be negotiated as long as both parties agree.
Wang Li sneered, Lawyer Huang, you have to understand that although the amended Marriage Law has added a system of damages in the event of divorce, if the divorce is caused by the legal fault of one party, if there is no fault, the other party has the right to claim compensation in accordance with the law.
However, Article 46 of the Marriage Law stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused. First, bigamy, second, cohabitation with another person with a spouse, third, domestic violence, and fourth, abuse and abandonment of family members.
According to article 46 of the Marriage Law, in the event of a divorce due to "domestic violence", the innocent party has the right to claim damages. According to the relevant judicial interpretations, domestic violence refers to the perpetrator's conduct of beating, binding, maiming, forcibly restricting personal freedom, or other means, causing certain harm to the physical and mental consequences of his family members. It can be seen that domestic violence at the legal level refers to the violence of physical contact. My client has never done anything to Ms. Li Hongxia, because of physical reasons, she is weak even to speak, how can she have the ability to carry out family violence. ”
Huang Yixi is not to be outdone, "You must know that domestic violence does not refer to tangible, invisible is more torturous, and the injury suffered by my client, Ms. Li Hongxia, belongs to domestic cold violence." Although Mr. Zhang did not torture my client, Ms. Li Hongxia, through violent methods such as beating, binding, and abuse, but through coldness, indifference, and indifference, he reduced language communication to a minimum, and tortured and hurt my client's spirit and soul by stopping sexual life, and this negative way of inaction is even more hurtful, you must know that long-term cold violence will make people suspicious, inferior, unwilling to communicate with others, and in severe cases, it will cause the other party to develop mental illness. You must know that not only your client is sick, but my client is also having physical problems. ”
In the life of husband and wife, many couples have a deep experience, between two people, if there is a quarrel, or even a fight, the relationship between the two parties can still be good, the most afraid is not noisy, do not communicate for a long time, be a pair of strangers under the same roof, marriage can not be saved.
Wang Li raised his head and was about to refute, Huang Yixi had already submitted to Li Li'e the diagnosis certificate that Li Hongxia went to the hospital to see a doctor, and Li Li'e looked at the diagnosis speechlessly: it was suspected of depression.
In the past few days, Huang Yixi has not simply made these preparations, she also sent Chen Lihua a task to take Li Hongxia to the hospital to see a doctor, after Chen Lihua's big mouth, a patient who has been abused for a long time, has collapsed in his heart, and is sluggish, even if there is no Li Hongxia's true performance, the doctor will issue such a certificate.
Mental illness is difficult to diagnose and difficult to diagnose.
At this moment, even the bitter Li Li'e and Wang Li dare not say that Li Hongxia is not sick, if she is really sick, who is responsible for jumping from the court building?
The three of them were stunned, and after a while, Wang Li stood up, "The husband and wife are operating to this point, I want to let each other go, it is the best solution, regarding the property part, I explain on behalf of my client, my client has no joint property of husband and wife, during the period of their husband and wife's joint life, my client is injured because of official business, according to Article 18 of the Marriage Law of our country, in any of the following circumstances, it is the property of one of the husband and wife, and the medical expenses obtained by one party due to physical injury, Expenses such as living allowance for the disabled.
It can be seen from this that the compensation received due to the accidental disability of one party has a certain degree of personal exclusivity and dependence, and should belong to the disabled person. Although the compensation received for work-related injuries is obtained during the existence of the marital relationship, this money is a special compensation for physical disability, which must be "specially paid for compensation", and may not be withheld or shared by others, and is not the joint property of the husband and wife. ”
Wang Li glanced at Huang Yixi defiantly, Huang Yixi felt funny, "As far as I know, although the plaintiff has not worked for many years, his monthly salary and benefits have not been less than a penny, what about this money?"
"It's all used to see a doctor and recuperate your body. Wang Li's face did not change his face and nonsense.
"Isn't there medical insurance for medical treatment?"
"We also have to strengthen our nutrition, doesn't the defendant also work in the neighborhood committee? What about the salary? The defendant works in the neighborhood committee, but he has never paid my client a penny of living expenses, and these money should also be divided equally. ”