After she was pregnant, she discovered that the "fiance" was married, and the girl sued in anger. The judge teaches you a trick:
Don’t delete the chat history in love easily
Can be used as proof of rights
Our reporter Xiao Jing correspondent Chang Xingfa
Online love, sweet love and pregnancy later, girl Xiaoqian (pseudonym) is preparing to get married with her "fiance", but she sees a chat called "husband" and "wife" on his mobile phone.
The bigger blow is behind, he is really someone's husband, and that wife is also true.
The girl went to the court to sue after finishing the crowd, "I want him to apologize in writing and pay for my medical expenses, lost work expenses, mental damage relief money and other expenses."
Recently, the Changxing County Court of Huzhou City made a first-instance judgment: the man’s fault infringed the woman’s general personality rights and should bear the tort liability according to law.
After online dating, the girl went to Changxing to live with him
In April 2019, Xiaoqian and A Jun (pseudonym) met in an online chat, and A Jun said that he was single.
The relationship between the two quickly heated up.
Xiaoqian came to Changxing from Shanghai, and "Bran Xian" with Ajun, after which the two officially established a romantic relationship.
Xiaoqian stayed in Changxing and started living together with A Jun.
Before long, Xiao Qian found out that she was pregnant.
She was immersed in the joy of being a new mother, and she was happy to prepare for marriage.
Suddenly one day, Xiaoqian discovered the chat history between Ah Jun and other women. The two were called "husband" and "wife".
What's breaking down is that the woman is indeed Jun's wife.
Xiaoqian realized that she had been cheated and that the "fiance" was a married man.
Jun admits that he is married and has two children.
"I didn't expect that I would be regarded as a'Little San'." Xiaoqian was devastated.
However, Ah Jun continued to coax her, claiming that he was divorced, and that the two children and the "ex-wife" could be married to Xiao Qian.
But these are still lies.
After the hope was shattered again and again, Xiaoqian was completely dead.
On July 14, 2019, she returned to Shanghai from Changxing, severed her relationship with A Jun, and underwent abortion surgery.
After the incident, Ajun once presented Xiaoqian with a letter of undertaking, promising to pay Xiaoqian's mental injury relief money and medical expenses.
But after Xiaoqian urged it many times, Ah Jun always chose to escape.
The scumbag argued that this was a moral category, and the court ruled for infringement
Xiao Qian filed a lawsuit with Changxing Court.
In court, Ajun exposed the true qualities of a scumbag. He said that the two parties are in an extramarital relationship, and the behavior of both parties should fall within the scope of social ethical evaluation and not within the scope of civil legal relationship adjustment.
Secondly, the relationship between Xiaoqian and her is "you love me." As an adult female with full civil capacity, Xiaoqian has the right to punish her sexual rights.
Furthermore, he believes that there is no so-called compensation for mental damage in extramarital affairs. This part of the undertaking violates the principle of public order and good customs, so he believes that Xiaoqian's claim for compensation lacks factual and legal basis.
The court held that in this case, the man’s concealment was deliberately subjective during the interaction between the man and the woman. In fact, the woman did not treat the woman as an equal civil subject with personal dignity.
As a married man who already has children, he concealed the fact that he was married. After the woman discovered the fact that he was married, she still deceived her to indicate that she had divorced, causing the woman to punish her own sexual rights under the deceit and concealment of the man , The result of induced abortion will inevitably cause harm to the woman's body and mind.
The man’s deceptive behavior violated social morality, not only delayed the woman’s youth and caused her to bear the pain of emotional betrayal and breakup, but also caused her to wrongly dispose of her reproductive rights, suffered physical injury from pregnancy abortion, and violated her faulty behavior. For the woman’s general personality rights, she should bear tort liability in accordance with the law.
Natural persons have been illegally violated due to their right to personal dignity, and have the right to request compensation for mental damage; in violation of social public interest or social morality, the victim also has the right to request compensation for mental damage on the grounds of infringement.
The man should bear the mental damage comfort money, which the court decided to be 30,000 yuan.
In the end, the Changxing Court’s first-instance judgment: Defendant Ajun apologized in writing to Plaintiff Xiaoqian; paid Plaintiff Xiaoqian more than 15,000 yuan for medical expenses, lost work expenses, nutrition, transportation and other expenses, and compensated Xiaoqian for mental damage Consolation money of 30,000 yuan.
The judge said that in the process of dating, if you realize that you have been cheated, you should pay attention to keeping other evidence such as the other party's claim that you are single, such as chat records, recordings, etc., which can be used as evidence to defend your rights in the event of a dispute.