What's the matter with being detained for refusing to return the bride price? Generally speaking, the man should give the bride price before marriage, but if the woman repents, should the bride price be returned?
After the man gave the bride price, the woman regretted her marriage and refused to return it. What should we do? A pair of post-80s young men and women in Diao's hometown of Zhongmou County went to court for the dispute over the bride price. Yesterday, the reporter learned from the Zhongmou county court that the repentant woman had been detained by the judiciary. It is understood that in February 2012, Meng and Ma, Diao's hometown in Zhongmou County, met each other. In the process of love, Meng gave Ma some bride price. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
Repentance of marriage and refusal to return the bride price
In May 2012, without going through the marriage registration formalities, the two parties held a ceremony according to the rural customs and began to live together. During the period of common life, Ma left Meng's house because he was angry and quarreled about trivial matters. After the two parties ended their cohabitation, they had a dispute over the return of the bride price. Meng sued Zhongmou county court, asking Ma to return 60000 yuan of the bride price, and Ma asked Meng to compensate 50000 yuan for the spiritual loss. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
Must the bride price be returned
The return of bride price has always been the focus of many cases of property disputes. Although the law stipulates that the return of bride price is necessary, it must meet the legal conditions. Let's take a look at the details.
According to Article 10 of interpretation 2 of the marriage law, if a party requests to return the bride price paid according to custom, the people's court shall support it if it is found that:
(1) both parties fail to go through the formalities of marriage registration;
(2) the two parties go through the formalities of marriage registration but do not live together;
(3) giving money before marriage and causing difficulties in the life of the payer.
The application of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
In this case, although the two married, they did not fulfill the marriage procedures. Therefore, it is legal for the parties to request the return of the bride price, and the court also supports it,
However, it is not necessary to return all the money returned. The amount can be reduced if the following conditions are met:
(1) if the marriage contract is terminated due to the reason of the party who pays the bride price, the amount of the returned bride price may be reduced according to the degree of fault, the economic situation of both parties and other factors.
(2) where both men and women live together for more than one year and less than two years without going through the formalities of marriage registration, and one party requests the other party to return the bride price:
1. The amount returned shall not exceed 30% of the total amount of the bride price;
2. For those who have lived together for more than three months within one year, the amount returned shall generally not exceed 50% of the total amount of the bride price;
3. If they have lived together for less than three months, the amount returned shall not exceed 70% of the total amount of the bride price;
4. If the cohabitation relationship is terminated due to the reason of the party who pays the bride price, or the woman is pregnant or miscarried during the period of common life, it can be reduced by 5% to 20% on the basis of the previous paragraph.