A divorce case litigation pleadings

The defence

   The respondent Qiu Mengying (a pseudonym), female, the Han nationality, born in 1965 November 2, seven village of Shanghai * * * * 41 302 room.

   By the respondent Jin Dayun (a pseudonym), male, Han nationality, born in 1963 February 3, seven village of Shanghai * * * * 29 401 room.

   The respondent received (2008) * people (people) copies at the beginning of the word no. 61** case of complaint, according to the respondent the respondent is appeal as follows.

   The respondent requests:

   A request by the respondent, the respondent decision allows graduation in the housing accompany son to junior high school, the respondent to move out upon the expiration of the term, in this case the respondent agreed to the request for divorce;

   Two, son Jin Yunfei (a pseudonym) request judgment to be the respondent direct dependency, the respondent to pay a monthly fee of 500 yuan, the son of over 18 years of age;

   Three, request the verdict was the respondent to pay nearly 8 years son raise costs 96000 yuan, mental solatium 10000 yuan;

   Four, according to the sharing of this litigation costs.

   The facts and reasons:

   One respondent the respondent, and were married on October 18, 1990, after a period of very good feeling, son Jin Yunfei was born in November 8, 1995. Then the respondent contracted gambling habit, often didn't come home one night, and gambling, abandoned wife and family behind, even sleep in the day, the work behind them, idle about all day, muddle along without any aim, muddle along, frequent replacement work unit. The respondent countless well meaning advice, advised him not to indulge in it, to work and family responsibility, hearten spirit, again, have all been is respondent to refuse, so that the respondent effort all the cast to waste.

   Two, the respondent has been that "into a home, a home is easy to dismantle". Therefore, the respondent not only suffering from constant chronic illness care son, still be the respondent for nearly 8 years is not in the home situation, to provoke the burden of care of parents: dishes, do the housework, ask people whether they feel hot, with chat, spiritual support, accompanied by medical treatment, queuing for registration, payment to take medicine, bed to wait, will be most willing to, some people say that the respondent is topped with a day of female husband. This has not only gained her understanding, also moved the neighborhood, the judge may wish to go around the masses of some understanding, is not the truth will be revealed to the world.

   Three, the respondent to responsible for the family, is responsible for the son grew up, expect to be the respondent to make a new start, turn over a new leaf, new life, so that borrow all around for its returned thirty thousand yuan debts, but its not repent, past hope, it will be the name of a couple of houses sold secretly to return the new gambling debts, and resigned as Shanghai good work, abandoned wife son and parents, cheat said to Guangxi * * travel, and is nearly 8 years almost no return, get the respondent and his son had been the respondent parents living house grievance. Now that the respondent to divorce, after divorce court two times and third times not to sue, the respondent had to fulfill his appeal, but by the respondent shall allow the respondent free in the housing accompany son live to junior high school graduation, the respondent to move out period, otherwise does not agree to divorce.

   Four, the son has over 10 years of age, the respondent has to seek the views of his son, says it is willing to live with his father and grandfather, reason is that mothers in recent years will not have housing, is not conducive to their own learning and growth, to request the court to respect the choice of the son. The respondent is willing to pay a monthly fee of 500 yuan to support their son, son turned 18 years old. The respondent noted, the son is allergic constitution, difficult to cure asthma ridden don't go, almost every two months in the hospital again, but was the respondent since 2001 not to the family provides what costs. In the past 8 years son's tuition, fees, amateur project learning tutor fee, living expenses, medical expenses and so on all charges by the respondent, one person alone, nearly 8 years has spent 192000 yuan, spent all their savings, so that the respondent has truly become the "moonlight clan", sometimes have to reach out to borrow, I request the ruling by the respondent to pay alimony of 50% sons, namely 96000 yuan.

   Five, by the respondent to deceive the family said to Guangxi * * travel, the respondent and her family for gospel truth, then we know it in the Shanghai resigned the truth, is transferred to the * * * * * in Guangxi Chinese machinery industry Limited by Share Ltd, often six months or even a year lost. Once home to the respondent found the bag of condoms and Yang filling agent, but rejected the sexual life of husband and wife, feel a serious problem of talent, and entrust the father-in-law went to Guangxi * * probe clearly, father came back and said to be the respondent "bad". Then the respondent found in Guangxi * * and other women living together for many years so far, and having children, his behavior constituted a crime of bigamy, which belongs to the major fault. Fatigue and mental torture, the respondent years often awake at night, so that today bloated to retreat, suffering from hypertension, heart disease, have to perennial and drug with multiple injuries, exhausted by the respondent, pay for mental solatium 10000 yuan to request the decision.

   Six, married, buy appliances, furniture and all property belongs to the respondent, but the microwave oven, refrigerator, fan in the respondent is not anything to the home when the respondent owned buy, and married when both parents donated two rings, a necklace and a bracelet, decision to request the respondent all.

   The facts and reasons by the respondent, gambling, hopeless; lie, cheat family; 8 years not husband and father obligations; outside with other women and children together, Guangxi company provides some information of his, that he has a major fault to the respondent, pose a great physical and psychological harm. The respondent retention shall be investigated for legal responsibility is the respondent guilty of bigamy. In order to protect the legitimate rights and interests of women and children, to promote family harmony and social civilization, request the court to deep Ju Wei, find out the truth, justice, support the respondent's claim.

   Yours sincerely

Shanghai city * * District People's court

    Accessories: 1 copies of this form;

          1 copies of relevant evidence. 

                                   The respondent:

                                       October 31, 2008

       (the court case supports the view, not divorce, the man did not appeal)

 

            (my QQ number is 594241989, 1762818809 and 18321864965; mobile phone)