Is it reasonable to be sentenced to not allowing divorce for "enduring beating and scolding for 40 years"?
Talk about Fengsheng
The court must make a lawful and reasonable judgment on the basis of sufficient evidence to avoid "injury" to a family, nor to allow one party in the marriage to continue to be hurt.
Recently, a divorce lawsuit in Yan'an, Shaanxi caused concern: Wang Hua (a pseudonym), an elderly 60-year-old man, said that after marriage, her husband would not beat or scold her. He swallowed it for 40 years. Now that his children have married and established a business, they filed a lawsuit for divorce in the court.
The court held that although Wang Hua and his wife had conflicts due to trivial matters, they were not enough to cause a complete breakdown of their relationship and rejected their claims.
In this regard, some lawyers said that "the court is well-intentioned", and some lawyers said that "the court did not proceed from reality and did not consider the feelings of the parties. Good intentions may do bad things."
After the case was reported, heated discussion arose.
It should be said that the reasonableness of the judgment made by the court involved has also been questioned.
However, in reality, according to existing relevant legal regulations and judicial practice, similar judgment results are actually quite common, and they may not necessarily be "wrong".
As we all know, the Marriage Law stipulates the principle of freedom of marriage, which mainly refers to the full autonomy of marriage parties in marriage issues, both freedom of marriage and freedom of divorce, and no one can force or interfere.
But in specific practice, such as divorce, especially divorce litigation, if one party does not file a lawsuit for divorce, the court must grant the divorce.
Because in the existing cognitive system, the family is the basic unit of this society.
In specific judicial practice, there are voices who believe that a series of legal and social results after a divorce will at least lead to the breakdown of a family and the separation of affection, which will lead to many problems.
According to this logic, it believes that the public should divorce carefully; the courts should also strictly control the conditions for granting divorce to reduce frivolous divorce.
Currently, in divorce disputes, there are not many conditions and circumstances under which a divorce should be granted.
According to the Marriage Law, people who have bigamy or have a spouse cohabit with others; commit domestic violence or abuse, abandon family members; have bad habits such as gambling, drug abuse, etc. that have not been corrected; if the separation is invalid for two years due to emotional discord, the divorce shall be granted .
In addition, in specific judicial practice, when both parties file for divorce for the first time, the court often does not allow both parties to divorce, but gives both parties a chance and time for relaxation.
In fact, due to the privacy of marriage and family life, it is inconvenient for outsiders to intervene, so there are often situations in which "the parties have poor awareness and ability to collect evidence, and conclusive arguments often lack evidence support".
In this case, it is difficult for the judge to believe one party's rhetoric and make a hasty decision for divorce.
And because the traditional custom of "I would rather demolish ten temples than destroy a marriage" is still deeply rooted in the hearts of many people, if the divorce is easily judged, it violates some of the existing traditional moral concepts. This is what many people feel in reality. Embarrassing things.
Specifically, "Wang Hua found that the defendant was short-tempered and easy to get angry, and she often beat and scolded her. In order to take care of her young children, Wang Hua has been swallowing his breath for many years." It belongs to the plaintiff's unilateral remarks, in the absence of evidence. According to the above logic, the court failed to accept and approve the divorce, perhaps also upholding the principle of prudence.
However, it should be emphasized that the rejection of the elderly divorce lawsuit must be based on the choice of the court on the premise that the court has sufficient information and clear evidence, especially the perennial beatings and scolds reported by the woman, whether it is suspected of domestic violence, the court involved should also Have a clear understanding.
After all, in the "40 years" long dimensional time, it takes courage for the parties to dare to initiate relevant claims, and some of their claims may not be unreasonable.
In short, for a divorce lawsuit, whether it is quasi-or reject it, you must listen to the voices of both parties fully, and make a legal and reasonable judgment on the basis of sufficient evidence to avoid "injury" to a family, and do not allow one party in the marriage to continue to suffer hurt.
□Shi Fengchu (legal worker)