Woman sues husband lover return 120,000 yuan, lover: among them 20,000 yuan is abortion fee compensation

2022-05-04 0 By

A woman surnamed Wang in Anhui province recently sued her husband’s lover, Surnamed Cheng, for the return of more than 120,000 yuan of their joint property.Facing prosecution, Cheng argued that she was unknowingly living with Wang’s husband, and that wang’s husband was pestering her after learning that he was married, which included 20,000 yuan for abortion costs and compensation.Whether the “abortion compensation” in Ms. Cheng’s mouth can be supported by the court?A recent ruling by a court in Wangjiang County, Anhui province, gave the answer, but the court did not support it and ordered Cheng to return more than 110,000 yuan.Wang and her husband, Surnamed Zhang, registered their marriage in 2010, according to the ruling.Ms. Cheng is also married to someone else.In August 2019, Ms Cheng and Mr Zhang developed a lover relationship, and since then they have been living together in Anqing city from time to time.During their living together, Zhang paid Cheng more than 120,000 yuan by wechat transfer.Cheng divorced her former husband in December 2020.Wang discovered the improper relationship between her husband and Cheng in August 2021 and filed the lawsuit after failing to get cheng to return the money.Ms. Wang believes that during the marriage, one of the husband and wife frequently donated the couple’s common property to Ms. Cheng without permission through wechat transfer, which has actually harmed the common interests of the couple, and violates public order and good customs.For this improper relationship, Ms Cheng explained: she and Mr Zhang began to rent a hotel in Anqing on August 27, 2019, and lived together for about two years.During their cohabitation, Zhang had been deceiving her that they had divorced until August 1, 2021, when Wang discovered their cohabitation relationship, she knew that Zhang and Wang were still married and asked to end their cohabitation relationship, but Zhang continued to pester her.Ms. Cheng believes that Mr. Zhang’s transfer behavior, does not belong to the gift, but in order to maintain cohabitation.Among them, 20,000 yuan was zhang’s compensation for her abortion and nutrition expenses.”The money is his responsibility and there is no question of returning it.”But Mr Zhang, the third person in the case, said: “When he was with Ms Cheng, she knew he had a family and sent him a template of divorce agreement asking him to divorce.”Wangjiang county, anhui province people’s court of first instance that Mr Zhang to sustain an inappropriate relationship outside of marriage, without the consent of his wife, wang, pay the money to Ms. Cheng, the behavior not only violates the civil code of “husband and wife should be faithful to each other, respect each other”, also with the contrary disgraceful consideration, therefore, Ms. Cheng made Mr. Zhang’s money more than 120000 yuan have no legal basis,The wrongful enrichment shall be returned according to law.However, deduction shall be made for the more than 10,000 yuan that Ms. Cheng has paid to Mr. Zhang by way of transfer and the more than 2,000 yuan of consumption expenses paid for Mr. Zhang.One of the spouses has an improper relationship with another person outside marriage, which violates the law. Therefore, Ms. Cheng’s argument that part of the payment is Mr. Zhang’s compensation for her pregnancy is not supported.Ms. Cheng did not dissolve the legal marriage relationship with others under the premise of the development of an extramarital affair with Mr. Zhang, and cohabitation, its own fault, so that it did not know that Mr. Zhang did not divorce and cohabitation with it, the fault of Mr. Zhang, its fault is not accepted.The first trial of ms Cheng returned Ms Wang more than 110,000 yuan.Source Xiaoxiang Morning News reporter Zhou Lingru intern Zheng Yilin