In the end, the WeChat chat record became one of the evidences to identify the man's domestic violence, and the court's first-instance judgment supported the woman's divorce appeal.
Suspense of domestic violence: she said "domestic violence" and he said "no fighting"
In the eyes of many relatives and friends, Wei He (a pseudonym) has a happy marriage. They got married and had a son. They have two properties in Xiamen. ?
But in fact, Wei's marriage is very painful. She sued that after marriage, Ayong often asked her to explain "love history" and beat her and scold her if she was slightly dissatisfied; When she was pregnant with a second child two years ago, he kept asking "whose child is it", insulting and stimulating her with words, and not taking on housework, which led to her physical and mental pain and miscarriage. ?
Xiao Wei believes that the husband's frequent domestic violence has destroyed the relationship between husband and wife. Therefore, she sued for divorce. ?
They are husband and wife and have two properties in Xiamen. Wei said that the husband was at fault and should divide the property less. In addition, Xiao Wei also proposed compensation for mental damage, requesting the court to award the defendant compensation of 65,438+10,000 yuan for mental damage. ?
In court, Ayong said that "domestic violence is not a fact" and he did not agree to divorce. He also said that the two sides still have feelings, but "occasionally quarrel." ?
Wechat record: The man admitted, "It's my fault to hit you."
In order to prove that she was really subjected to domestic violence, Xiao Wei submitted relevant evidence to the court, including previous alarm records, WeChat chat records, medical records and the proof provided by the Anti-Domestic Violence Center. ?
In the couple's WeChat chat records, the word "hit" appeared many times. ?
Among them, Wei said: "I have been playing for ten years and it is getting heavier and heavier." "When you hit me again and again, have you ever thought about who I am?" ?
In the face of his wife's condemnation, Ayong replied, "It's my fault to hit you." "Which couple hasn't touched it?" ?
The court found that if the man committed domestic violence, he should compensate mental damage compensation.
The Family Division of Siming District Court held that in this case, although there were obvious differences between the two sides on whether there was domestic violence, judging from the evidence submitted by Xiao Wei, Ayong's abuse and beating were not accidental, and it was precisely because of his repeated domestic violence that the woman sued for divorce.
According to the principle of "taking care of the wife, taking care of the innocent party and respecting the wishes of the parties under the same conditions", the defendant is at fault in carrying out domestic violence, and this fault is the main reason leading to the dissolution of the marriage relationship, so the defendant should properly divide the marital property according to law. Therefore, the court decided at its discretion that Wei got 60% and 40% of the joint property of husband and wife. ?
In addition, Wei also has the right to claim compensation for mental damage. Considering the damage caused by domestic violence, Ayong was sentenced to pay 5000 yuan for mental damages. ?
As the children of Xiao Wei and Ayong are under the age of 10, considering that it is difficult for Ayong to take care of the children, the court of first instance decided that it is more appropriate for the children to live with their mothers. ?
After the judgment of the first instance, Ayong refused to accept it and appealed to the Xiamen Intermediate People's Court.