Legal basis:
Article 46 of the Marriage Law shall have the right to claim damages in case of any of the following circumstances at the time of divorce:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
Extended data:
Case: Spouses "cheat" in marriage? You can apply for mental compensation after divorce.
A case of Beijing court shows that Lu and Chen Yu are registered to get married and have children. On 20 1 1 year, Luhe began to separate and has continued to this day. Since their separation, Chen Yizhi has lived with Lu. Lu said that during this period, she met other women and lived together, which was recognized. Lu sued the court for divorce and demanded to pay 65,438+500,000 yuan for mental damages.
There is a similar case in Henan. In 2003, the plaintiff Zhou and the defendant Zhang registered marriage and gave birth to a daughter and a son after marriage. On July 20 13, Zhang filed a divorce lawsuit with Zhou, and our hospital presided over the divorce. Later, Zhou sued again, claiming that it was only after the divorce that Zhang was found to have a daughter with an anonymous person outside the case in May 20 13. Zhou asked Zhang to pay 30,000 yuan for mental damages.
The court supported the compensation for mental damage involved in these two cases.
In the case of the Beijing court, the court allowed the two to divorce. The court held that, in view of the fact that proper relationship did not occur with other members of the opposite sex outside marriage during the marriage relationship between the two parties, it should be considered that there was a fault in causing the emotional breakdown between the two parties and support Lu's request for compensation for mental damages. He was sentenced to pay 5,000 yuan for mental damages to Lu.
The People's Court of hua county, Henan Province, ruled that the defendant Zhang paid the plaintiff Zhou's mental damages 15000 yuan.
/fj.people.com.cn/n/20151211c372371-2729513/kloc-0. You can apply for mental compensation after divorce.