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No. 2 of Ten Model Cases Involving Domestic Violence Published by the Supreme People's Court: heng Li (Middle Name Withheld) v. Ni Bin (Middle Name Withheld) for Divorce Dispute
最高人民法院公布十起涉家庭暴力典型案例之二:郑某丽诉倪某斌离婚纠纷案
【法宝引证码】

No. 2 of Ten Model Cases Involving Domestic Violence Published by the Supreme People's Court: heng Li (Middle Name Withheld) v. Ni Bin (Middle Name Withheld) for Divorce Dispute
最高人民法院公布十起涉家庭暴力典型案例之二:郑某丽诉倪某斌离婚纠纷案
No. 2 of Ten Model Cases Involving Domestic Violence Published by the Supreme People's Court: Zheng Li (Middle Name Withheld) v. Ni Bin (Middle Name Withheld) for Divorce Dispute 最高人民法院公布十起涉家庭暴力典型案例之二:郑某丽诉倪某斌离婚纠纷案
- Judicial recognition of threat as a means of domestic violence —威胁作为一种家庭暴力手段的司法认定都拉黑名单了,还接个P
1. Basic Facts都拉黑名单了,还接个P (一)基本案情
老婆觉得我剪头发浪费钱
Plaintiff Zheng Li and defendant Ni Bin registered their marriage on February 11, 2009, and their son Ni was born on May 7, 2010. When plaintiff and defendant lived together, defendant often beat a basketball wrapped in a piece of white cloth, on which it was written: “I will beat Zheng Li to death, to death.” On February 23, 2011, plaintiff and defendant bickered over household trivia, and plaintiff suffered slight bodily injury for beating-up by defendant. On March 14, 2011, plaintiff filed a divorce lawsuit with the court, requesting the court to order according to the law that plaintiff and defendant be divorced; that their legitimate son Ni be in the custody of plaintiff, with child support being borne solely by plaintiff; that the community property of plaintiff and defendant be divided according to the law; and that defendant compensate plaintiff for the infliction of mental distress in the amount of 30,000 yuan. 原告郑某丽与被告倪某斌于2009年2月11日登记结婚,2010年5月7日生育儿子倪某某。在原、被告共同生活期间,被告经常击打一个用白布包裹的篮球,上面写着“我要打死、打死郑某丽”的字句。2011年2月23日,原、被告因家庭琐事发生争执,后被告将原告殴打致轻微伤。2011年3月14日,原告向法院提起离婚诉讼,请求法院依法判令准予原、被告离婚;婚生男孩倪某某由原告抚养,抚养费由原告自行承担;原、被告夫妻共同财产依法分割;被告赔偿原告精神损失费人民币30000元。
2. Adjudication小词儿都挺能整 (二)裁判结果
After a hearing, the court held that plaintiff Zheng Li and defendant Ni Bin lacked understanding of each other before marriage and married in haste. After they married, defendant hung a basketball wrapped in a piece of white cloth in the balcony of their home, and there were offensive and threatening words on the white cloth to plaintiff. Defendant often hit the basketball, which visually tortured plaintiff and made her fear of defendant. Defendant's act constituted mental violence. When they were in dispute, defendant committed physical violence to plaintiff, resulting in slight injuries to the latter and finally causing the irremediable breakdown of their marital relationship. It was inappropriate for defendant to have direct custody of a child for his domestic violence. Their legitimate son Ni was under two years old, and it was better for the physical and mental well-being of the boy to live with his mother. Defendant committed domestic violence to plaintiff, and made plaintiff suffer mental distress. Therefore, defendant should assume the fault liability, and pay plaintiff damages for the infliction of metal distress according to the actual circumstances. In view of the above, the court entered a judgment according to the law that the divorce of plaintiff Zheng Li and defendant Ni Bin should be granted; that their legitimated son Ni should be in the custody of plaintiff Zheng Li, with child support being borne solely by plaintiff; and that defendant Ni Bin should pay plaintiff Zheng Li damages for the infliction of mental distress in the amount of 5,000 yuan. This judgment has come into force. 法院经审理认为,原告郑某丽与被告倪某斌婚前缺乏了解,草率结婚。婚后被告将一个裹着白布的篮球挂在家中的阳台上,且在白布上写着对原告具有攻击性和威胁性的字句,还经常击打篮球,从视觉上折磨原告,使原告产生恐惧感,该行为构成精神暴力。在夫妻发生矛盾时,被告对原告实施身体暴力致其轻微伤,最终导致了原、被告夫妻感情的完全破裂。因被告存在家庭暴力行为不宜直接抚养子女,且婚生男孩倪某某未满两周岁随母亲生活更有利于其身心健康。被告对原告实施家庭暴力使原告遭受精神损害,被告应承担过错责任,故被告应酌情赔偿原告精神损害抚慰金。据此,依法判决准予原告郑某丽与被告倪某斌离婚;婚生男孩倪某某由原告郑某丽抚养,抚养费由原告承担;被告倪某斌赔偿原告郑某丽精神损害抚慰金人民币5000元。该判决已生效。
     
     
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