The newlyweds broke up before they registered!
Zhuji guy Shoumou and girl Wang were introduced. During the period of love, Shoumou once gave Wang a gift of 8,800 yuan and gave some property. In June 5438+10 last year, the two sides held a wedding in accordance with rural customs and held separate banquets.
Before and after the wedding, Shoumou paid Wang a bride price of 1.5 million yuan, several hard Chinese cigarettes, and gave Wang a platinum diamond ring (value 1.4 1.000 yuan). Subsequently, Wang returned 8800 yuan.
Although the two did not go through the marriage registration formalities, Wang has moved to Shoujia to live together. Unexpectedly, after living together, the two sides had contradictions. Shoumou also slapped Wang Yi in the face. After that, the two began to separate.
The man asked the woman to return the bride price.
20 19, 1, Shoumou reported the case to the Anhua police station of Zhuji Public Security Bureau, and then the office made an inquiry record for Shoumou and Wang.
2065438+In April 2009, Shoumou appealed to the court, demanding that Wang return the bride price of 202906 yuan, 6 ancient coins of the Republic of China and 3000 yuan in cash.
In the trial, the Zhuji court held that the bride price is a certain amount of valuable property that the man pays to the woman for the purpose of marriage in accordance with local customs. This kind of property payment behavior belongs to the gift of the man for the purpose of marriage in nature, and it is a conditional gift.
In this case, the plaintiff first gave part of his property to the defendant for the purpose of marriage, but the two parties have not gone through the marriage registration formalities so far. Therefore, according to Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), the plaintiff Shoumou can request the defendant to return the bride price according to law. However, it is an indisputable fact that the plaintiff paid the bride price to the defendant, but the defendant also paid a certain fee for the marriage of both parties. Now the plaintiff's demand for the return of all the bride price is neither in line with rural customs nor conducive to the balance of interests between the two sides.
Therefore, the Zhuji court comprehensively considered the local customs and habits, the actual expenses of the defendant, and the fact that the two sides had lived together for about half a year, and decided that Wang should return a bride price of 65,000 yuan.