civil judgment
(2006) x Fa Min Zi Chu Di 1 133
Plaintiff XXX (also known as XXX), female,1born on February 8, 982, Han nationality, unemployed, living in Group 8, XX Village, XX Town, XX Province/No.kloc-0/3.
Entrusted agent, legal worker of x x legal service office.
Defendant ×××, male,/kloc-0, born on August 5, 974, Han nationality, occupation and address.
Entrusted agent, legal worker of x x legal service office.
The case of divorce dispute between plaintiff ××× and defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The case was heard in public on June165438+1October 6, 2006 according to the summary procedure. The plaintiff ×× and its entrusted agent ××, and the defendant ×× and its entrusted agent ××.
The plaintiff x x x claimed that the defendant and the plaintiff met and fell in love in 1999, gave birth to a son named x x x in 200 1 and went through the marriage formalities on May 16, 2003. The defendant and the defendant often quarrel after marriage, and their feelings are not harmonious. In 2003, the defendant left his job, and in 2004, the plaintiff moved in with the defendant to improve the relationship. During this period, the relationship between the original and the defendant deteriorated and they often beat and scold. The plaintiff was forced to go home to live with her parents, and her children lived with her parents all the time. Now the relationship between husband and wife of the original defendant has completely broken down, so the lawsuit requests the people's court to order the dissolution of the relationship between the original defendant and the children are raised by the plaintiff.
The defendant argued that the relationship between the plaintiff and the defendant had always been very good, and the plaintiff's petition was untrue and the defendant could not understand it, so he did not agree to divorce.
It was found through trial that the original defendant and the defendant met, fell in love and lived together during the period of migrant workers in 1999, and they gave birth to a son in Hiuke on June 20th of the lunar calendar in 20001. Because the original defendant worked outside for a long time, his son has been living with the plaintiff's parents. On May 2003, 12, the marriage certificate was reissued at the marriage registration office. During the marriage of the original defendant and the defendant, * * * owned a VCD machine with the same property, and there was no deposit, creditor's rights and debts. The relationship between the defendant and the defendant was good at the beginning of marriage, but since 2004, the relationship between the defendant and the defendant has gradually cracked due to the long-term work outside the home.
The above facts are confirmed by the parties' statements in court, marriage certificates, photos, XXX villagers' committee certificates, witness testimony and other evidence, and our hospital confirms them.
We believe that the long-term separation of the original and the defendant due to their working relationship after marriage and their lack of attention to communication have led to the gradual alienation of husband and wife's feelings and cracks. After mediation by our hospital, the plaintiff insisted on divorce, and her husband and wife's feelings did indeed break down, so she was granted a divorce request. The children have lived with the plaintiff's parents for a long time, and the plaintiff asked them to raise their children, which is conducive to the healthy growth of their children and our hospital supports them. To sum up, according to the provisions of Articles 32, 36 and 39 of the Marriage Law of the People's Republic of China, the judgment is as follows:
1. Allow the plaintiff ××× to divorce the defendant ×××.
Second, married children live with the plaintiff.
Three, * * * the property of the VCD player belongs to the plaintiff.
50 yuan, the court costs of this case, and 400 yuan, other legal costs, totaling 450 yuan, shall be borne by the plaintiff.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to Chongqing No.4 Intermediate People's Court. At the same time, pay the appeal fee directly to the hospital (the amount is the same as that of the first instance). After filing an appeal, if the legal fees are not paid in advance within seven days after the expiration of the appeal period, and the application for extension is not filed, the appeal will be withdrawn automatically. If both parties fail to appeal within the statutory appeal time limit or only one party withdraws the lawsuit after the appeal, this judgment will take legal effect, and the parties shall consciously perform all the obligations of the judgment. If one party fails to perform, the obligee may apply to our court for compulsory execution after the contents of this judgment take effect. The time limit for applying for execution is one year if both parties are natural persons, and six months if one or both parties are legal persons or other organizations, counting from the last day of the performance period stipulated in legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period.
Judge xx
November 20th, 2006
Bookkeeper x x x