Appellant: Zhang, male,1born on September 22nd, 968, Han nationality, whose domicile is a room in a certain lane of a certain road in Shanghai, and his domicile is a room in a certain lane of a certain road in Shanghai.
Appellee: Liu, female, born in June, 1977, 1 1, Han nationality, living atNo. 1, a road in Shanghai.
The appellant refuses to accept the civil ruling of (200*) Yi (Min) Chu ZiNo.. The Minhang District People's Court of Shanghai appealed to our court on February 3, 20001KLOC-0.
divorce
Appeal request:
1。
Revoke the (200*) Iraqi (civilian) initial word promise. Civil adjudication;
2。
Transfer the case to a court with jurisdiction in Pudong New Area for trial.
Facts and reasons:
The court of first instance held that the appellant's domicile was in a room at No.1, a certain lane of a certain road in Shanghai, but the house was owned and lived by the appellant's mother, and the appellant only registered there.
The appellant rented a room in a certain lane of a certain road in Shanghai because of his work, and has lived continuously for one year.
The appellant's mother helped the appellant to raise her young daughter, so the appellant often went home to visit her mother and daughter and did not actually live in Minhang District.
According to the law, a civil action brought by a citizen shall be under the jurisdiction of the people's court where the defendant is domiciled. Where the domicile is inconsistent with the habitual residence, it shall be under the jurisdiction of the people's court of the habitual residence. The appellant's habitual residence is in Pudong New Area. The appellant asked the court to support the appellant's request and cancel the civil ruling of (200*) Yi (Min) Chu ZiNo.. N, and transfer the case to the court with jurisdiction.
divorce
I am here to convey
Shanghai No.1 Intermediate People's Court
Specific person: Zhang xx
Xxxx year x month xx day
Divorce jurisdiction objection appeal II
Appellant: Jane, male, Han nationality, 19? Year? Month? Date of birth and address: Xin 'gan County, Ji 'an City, Jiangxi Province? Town? Road? Number, ID number: omitted
Authorized Agent: Li Chunhua, lawyer of Guangdong (Shenzhen) XX Law Firm.
Tel:15970440151.
Appellee: Cui Mou, female, Han nationality, 19? Year? Month? Date of birth, ID card, household registration address: Xingan County, Ji 'an City, Jiangxi Province? Town? Road? Number, ID number: omitted, contact number: omitted.
The appellant refused to accept the civil ruling of (20XX) No.0824 made by Xingan County People's Court for suing the appellee for divorce, and now he is appealing according to law.
Appeal request:
1. Revoke the civil ruling of (20XX)0824 made by Xingan County People's Court at the beginning of the Republic of China, and the judgment case is still under the jurisdiction of Xingan County People's Court;
2. The legal costs of this case shall be borne by the appellee.
Facts and reasons:
Appellant v appellee for divorce, 20XX February? The case was filed in Xingan County People's Court on April 20th, originally scheduled for April 20th? The court will open on the 20th.
Because the appellee had objections to the jurisdiction, the court ruled that the case should be transferred to the Doumen District Court of Zhuhai for trial.
The appellant believes that the ruling lacks sufficient factual basis and conflicts with legal provisions, and should be revoked.
1. The appellee's domicile is in Xingan County, and the evidence submitted cannot prove that he still lives in Zhuhai and has lived continuously for more than 1 year.
Article 21 of China's Civil Procedure Law stipulates that a civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
"the Supreme People's Court on the application of
As far as this case is concerned, the appellee should at least prove that he lived in Doumen, Zhuhai continuously from February 20XX 18 to February 20XX 18, otherwise he could not become the habitual residence of this case.
However, the appellee did not provide his temporary residence permit or residence permit to the public security department in Zhuhai, nor did he provide the certificate issued by the local police station, nor did he even provide the certificate issued by the street, neighborhood committee or community to prove that he has lived in Zhuhai continuously for more than 1 year, nor did he provide the house lease certificate issued by the local house lease management department for more than 1 year.
In addition, judging from the relevant indirect evidence submitted by the appellee, there is no such conclusion at all:
1. House lease contract and agency commission receipt: it can't prove whether the contract was actually performed, even if it was performed, it can't prove that the appellee lived in Doumen, Zhuhai continuously from February 20XX 18 to February 20XX 18;
2. Rent deposit receipt and rent delivery record: there is no official seal on the receipt, and there is no record in the local house lease management department, which can't prove the house lease and deposit collection, and the bank voucher can't prove the drawer and the withdrawal purpose;
3 service management fees, utilities and other receipts, invoices and payment receipts. : The payer of relevant expenses is Zhang Chi, which has nothing to do with the appellee;
4. Unicom broadband service acceptance form and payment receipt: It can only prove that the appellee has applied for a mobile phone card in Zhuhai, which is not necessarily related to whether he actually lives in Zhuhai, and the appellee has also applied for a mobile phone number in Zhejiang;
5. gas bill and receipt: one delivery record and two invoices can't prove that you can't live;
6. Hospital physical examination report and official introduction of the physical examination hospital: It can only prove that the appellee went to Zhuhai for physical examination, and where the physical examination went does not mean where he lived and how long he lived;
7. Train and bus tickets purchased in Zhuhai: It can only prove that the appellee has been to Zhuhai, but can't prove that he lives in Zhuhai or often visits friends; 8. Purchase contract: The buyer is Zhang Chi and has nothing to do with the appellee.
Two, according to the existing laws and regulations, Xingan County People's Court has jurisdiction over this case and should not be transferred to other courts.
"the Supreme People's Court on the application of
That is to say, even if the appellee can prove that he still lives in Zhuhai and has lived in Zhuhai continuously for more than 1 year, the court of the appellee's domicile should have jurisdiction.
Moreover, Article 35 of China's Civil Procedure Law stipulates that if more than two people's courts have jurisdiction, the plaintiff may bring a lawsuit to one of them. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that filed the case first.
At the same time, "the Supreme People's Court on the application"
Article 37 of this interpretation stipulates that after the case is accepted, the jurisdiction of the people's court against which the case is appealed shall not be affected by the change of the domicile and habitual residence of the party concerned.
Therefore, since the appellant chose Xingan County People's Court with jurisdiction to prosecute, and Xingan County People's Court has filed a case, Xingan County People's Court should not be transferred to other courts for jurisdiction.
To sum up, according to the existing facts and legal provisions, the case should be continued by the people's court of Xingan County.
In order to avoid unnecessarily delaying the court session and increasing the litigation burden of the parties, please find out the facts and revoke the civil rulingNo. (20XX)0824 at the beginning of the Republic of China according to law. This case is still under the jurisdiction of Xingan County People's Court!
I am here to convey
ji'an city intermediate people's court
Appellant:
20XX April? sun