The husband is not one's own to sue a divorce to obtain wife spirit to compensate for 120 thousand yuan because of the daughter

The husband suspects the daughter is not him one's own, sue requirement and the loss that the wife divorces and recoup oneself, break up the building of wife under one's name at the same time. Recently, beijing prosperous makes the same score division people court to adjudicate 2 people divorce, alimony of wife compensation husband and mental damages 120 thousand yuan. In trying a process, " top people court about applicable < marriage law of People's Republic of China > the explanation of a certain number of problems (3) " (the following abbreviation " marriage law explains 3 " ) announce and apply, set according to its, marital plum gentleman obtained brushstroke to compensate a paragraph. Marry to discover the daughter is not gentleman of one's own plum for years this year 33 years old, it is a chef. Ms. Chen compares its wife he is big 3 years old. 2002, person of 2 people classics introduces understanding, marry at was being registered in December 2003. The 2nd year September, daughter small Li (alias) be born. After marriage, both sides often quarrels because of disposition disagreement. Later before long, mr Li suspects small Li is not his one's own daughter. This year March, mr Li tells the wife to to Chang Ping district court asks to divorce and break up common property, the alimony that asks the wife compensates for the child at the same time is mixed 70 thousand yuan mental damages 400 thousand yuan. Face marital prosecution, ms. Chen from beginning to end firm the one's own daughter that says small Li is Mr Li, then, mr Li puts forward to kiss to the court child the application of appraisal. Appraisal conclusion shows, mr Li is not the biologic father of small Li. To this conclusion, ms. Chen is speechless, agree to divorce. But, to collective living building break up a problem, 2 people conflict does not fall. The means that Ms. Chen borrowed money through mortgaging in November 2003 buys this flatlet house, total prices money is more than yuan 190 thousand. At that time, ms. Chen paid a money paying a house more than yuan 40 thousand, to the bank loan amount is 150 thousand yuan, deadline is 19 years, house property is registered in Ms. Chen under one's name. Up to this year in June, 2 people of Mr Li and Ms. Chen couple still borrow more than yuan 90 thousand jointly, still have loan remaining sum more than yuan 100 thousand did not repay. Evaluate via professional orgnaization, at present value amount is this house property more than yuan 1.05 million. The husband alls alone mental compensation obtains supportive prosperous to make the same score district court to think via cognizance, feeling of 2 people husband and wife truly already cracked, should allow divorces. Because Ms. Chen is in,bigger mistake exists in marital relation at the same time, the child is not Mr Li one's own, this one circumstance brings about Mr Li to suffer tremendous mental anguish, assumed the alimony that should not assume originally to use, the spirit that the court supported Mr Li to ask accordingly is damaged and return the requirement that returns alimony. The building of controversy exists in the case, it is Ms. Chen pays at building business contract is being signed before marriage head pay, and house property registers the under one's name in her. Basis " marriage law explains 3 " the 10th regulation, prosperous equal court of justice maintains this house property to put in Ms. Chen 's charge all, but have not return borrowed share to answer by Ms. Chen burden. Additional, the money that Ms. Chen still ought to compensate Mr Li to pay at still be being borrowed jointly after marriage and answer relatively the value of building appreciation part, add up to more than yuan 250 thousand. Recently, prosperous makes the same score district court to adjudicate accuser and the accused divorce, ms. Chen pays Mr Li allowance 40 thousand yuan, mental damages 80 thousand yuan, pecuniary loss more than yuan 250 thousand, above adds up to more than yuan 370 thousand.