In our country s law, there are relevant provisions for the payment of mental damage relief. So, can couples apply for spiritual damage relief because of domestic violence divorce. What are the legal regulations on couples divorce due to domestic violence? The legal knowledge about the divorce of couples due to domestic violence is provided for everyone s reference.
The evidence in this case found that the defendant s violent behavior caused certain harm to the body and mind of the plaintiff. As the party without fault, the plaintiff has the right to claim damages.
Ebara and the defendants introduced each other in September 2012 and registered to have a marriage and have children. The two parties have known each other for a short time from marriage to marriage. They did not fully understand each other before marriage, nor did they establish a real relationship after marriage. They often quarrel because of trivial matters. On September 28, 2013, a physical conflict occurred between the two parties due to family chores. Shao reported to the Wenxin Police Station of the West Lake District Bureau of Hangzhou Public Security Bureau and recorded it. On October 24, 2013, the defendant wrote a letter of guarantee to the plaintiff, acknowledging that he had beaten the plaintiff after a quarrel with the plaintiff on the evening of October 23, 2013, and acknowledged that he included the previous beating of the plaintiff and the various tortures of the plaintiff, and that the plaintiff was pregnant. During the period, she caused great harm to her body and mi nd. The defendant was wrong. She promised that she would never hit anyone again in the future. However, on June 16, 2014, the two sides suffered a physical conflict again. The new police station reported the case, and the police came to the scene to understand that the defendant injured the plaintiff s head and bit the plaintiff s right arm. The police took pictures and took evidence and recorded it on the scene. The plaintiff requested the defendant to compensate the plaintiff for 50,000 yuan in spiritual damages.
This court believes that the plaintiff and the defendant were independent marriages, and they also gave birth to a daughter Ding Mouyi after marriage. The defendant was remarried, but the defendant not only failed to fulfill his duties as a husband and father, but also repeatedly confronted the plaintiff during the marriage relationship. The combination of violence made the plaintiff completely disappointed with the marriage between the two parties, and exhausted both physically and mentally. The plaintiff is now suing this court for divorce, and the defendant has expressed his consent to divorce. Therefore, this court supports the plaintiff s divorce action. The evidence in this case determined that the defendant s violent behavior had caused certain harm to the body and mind of the plaintiff. As a party without fault, the plaintiff has the right to claim damages. This court determined, as appropriate, that the defendant compensated the plaintiff for psychological damages of 30,000 yu an.
Article 46 of the Marriage Law of the People s Republic of China stipulates that if divorce is caused by domestic violence, the party without fault is entitled to claim damages. The evidence in this case reflects that the defendant has committed violence more than once , even during the plaintiff s pregnancy and breastfeeding period, and in combination with factors such as the psychological tolerance of ordinary people, the defendant s violent behavior should be considered to have caused certain harm to the body and mind of the plaintiff. Party , has the right to claim damages. The court determined that the defendant s compensation for the plaintiff s psychiatric compensation of 30,000 yuan was legal according to the law.