Yubei District Chongqing people's court
Civil judgment
(2015) the law of Yubei min Chu Zi No. 04716
Plaintiff status, female, born in February 13, 1985, Han nationality, living in Yubei District, Chongqing.
Attorney: Chen Jiagui, lawyer of Chongqing christie.
Agent Tian Yeyu, Christie's Chongqing lawyer.
Defendant Wen Wen, male, Han nationality, born in February 15, 1976, lived in Yubei District, Chongqing.
The plaintiff and the defendant Wen Moumou condition a divorce dispute case, the hospital in May 21, 2015 after filing, according to law by the Deputy presiding judge Yao Liping, and Zhu Xilin Wang Daoheng, the people's jury form a collegial panel to apply the ordinary procedure and in September 15, 2015 open court trial. The condition of Moumou and agent Chen Jiagui, a defendant Wen attended the court proceedings. The case has now been finalized.
Plaintiff status of certain claims: the original, the defendant in 2002 by the introduction of free love, the two sides in October 28, 2004 to give birth to a female Wen Mouyi, in November 13, 2006, the registration of marriage. Because the defendant was sentenced to the crime, raising children alone, was released, bad habits do not change and often scolding the plaintiff. In June 2011, the plaintiff escaped from home to work in South korea. March 2014, the plaintiff down payment of 270 thousand yuan to buy a house. During the period when the plaintiff was working, the defendant and the other women were living together. After being arrested on suspicion of a crime. The defendant seriously hurt the plaintiff, so the two sides feelings have been broken, so the prosecution request: 1 to the plaintiff and the defendant in divorce; 2 daughter Wen Mouyi raised by the plaintiff; 3 is located in Chongqing city Yubei District District Moumou No. 109 6-2 property by the plaintiff for all.
The defendant argued that: the temperature of a statement is not true, because the plaintiff has third party, so I played the time, our marriage has broken down, I have 60 thousand yuan of debt on the outside, the house can not, but the plaintiff must compensate me 200 thousand yuan, now the grandmother raised her daughter, do not agree to a divorce, do not agree with the plaintiff raising a child.
After hearing that: the situation, a certain temperature in October 28, 2004 the birth of a daughter of Wen Mouyi, the two sides got married on November 13, 2006. A temperature in the trial: recognition of the feelings of the couple has been broken. A temperature is due to alleged crime was in custody at the detention center in Yubei District.
In April 2014, the purchase of housing, a certain temperature condition a condition, Moumou paid the first payment of 266565 yuan, the house is located in the northern part of Chongqing City gold open Avenue No. XX No. 109 6-2, which houses a mortgage, the mortgagee shall be China Merchants Bank Chongqing branch of Limited by Share Ltd, the loan amount is 506 thousand yuan.
These facts, the marriage certificate, account page, mortgage contracts, sales contracts, payment documents, as well as the parties to the statement and other evidence documented evidence, sufficient to identify.
This court holds that: Although the plaintiff and the defendant Moumou married a temperature condition over a long period of time, but the two sides after marriage to live together for a short time, poor emotional foundation, and the plaintiff and defendant both sides consider the feelings of the couple has been broken, so according to the provisions of the "People's Republic of China marriage law" article thirty-second, divorce to the plaintiff's claim for certain conditions, the Institute supports. For Wen Mouyi, both women, because the defendant a suspected criminal in custody of the temperature, not the actual support Wen Mouyi, and the temperature of Mouyi follow the plaintiff life, more favorable to its growth, so the two sides of the female by the plaintiff Wen Mouyi Moumou custody case. On the plaintiff's claim of housing, housing for the purchase of the two sides during the existence of marriage, it is the common property of the couple, the plaintiff claims that the housing owned, and do not conform to the provisions of law, and because the house a mortgage, and both parties did not apply to the court for value assessment, the house is not for disposal to have the disposition, conditions, human rights can be sued.
In summary, the court in accordance with the "People's Republic of China marriage law" article thirty-second, "interpretation of the Supreme People's Court on the application of the" marriage law "of People's Republic of China (two)" the provisions of article twenty-first, the judgment as follows:
First, allow the plaintiff and the defendant Moumou divorce a temperature condition;
Two, the plaintiff and the defendant of a certain condition of temperature conditions raised by the plaintiff Moumou female Wen Mouyi;
Three, dismissed the plaintiff's case, the other litigation requests.
Case acceptance fee 240 yuan, the plaintiff's case burden.
Who disagrees with this decision, the verdict can be delivered within fifteen days of the date, the petition submitted to this court, and put forward a copy number according to the other party, appeal to the Chongqing first intermediate people's court. Within seven days after the expiration of the appeal, the fee for accepting the case shall not be paid. If both parties have not made an appeal or only one party's appeal in the legal period of appeal, the judgment shall have the legal effect, and the parties shall fulfill all the obligations of the judgment. When one party fails to perform the application, the right holder may apply to the people's court for compulsory execution after the entry into force of the judgment. The period of application for execution is two years, which is calculated from the last day of the period of performance of the legal documents.
Trial judge Yao Liping
People's jury Zhu Xilin
People's jury Wang Daoheng

Two, 15 October 15th
Book keeper Luo Yunjuan