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丈夫服刑时病妻不离不弃 出狱后出轨两度欲休妻

发布于:2019-03-09 16:49

丈夫周庆婚后因交友不慎犯盗窃罪被判入狱,妻子阿芬不离不弃照顾家庭、抚育女儿及出资建房。然而情深意重并未换来浪子回头。周庆出狱后,阿芬患重病需要照顾时,周庆却离家与其他异性同居,甚至两次起诉离婚,要求妻子还回村里6万元分红款。昨日记者获悉,原萝岗区法院对该案作出一审判决,原告周庆反而被判赔偿被告阿芬23万元。
 
After his husband Zhou Qing got married, he was sentenced to prison for making friends and accidentally committing theft. His wife, Afen, never gave up caring for her family, raising her daughter and investing in building a house. Nevertheless, the prodigal son did not return in return for his deep affection. After Zhou Qing was released from prison, when Afen was seriously ill and needed to be taken care of, Zhou Qing left home to cohabit with other heterosexuals, even twice sued for divorce, demanding that his wife return the 60,000 yuan dividend to the village. Yesterday, reporters learned that the original Luogang District Court made a first-instance judgment on the case, but the plaintiff Zhou Qing was sentenced to compensation for the defendant Afen 230,000 yuan.
 
 
 
因判决结果大反转,且该案判决书饱含人情味,案件近日已在广州司法界小范围传开。判决书中痛批原告“寡恩薄情”,法官不惜笔墨既说法又讲理,以至于过错方在一审后不再上诉。(因涉及个人隐私,本文人物均为化名)
 
Due to the reversal of the verdict and the full humanity of the verdict, the case has been spread in a small area in Guangzhou judicial circle recently. In the judgment, the plaintiff was criticized as "ungrateful and ungrateful", and the judge spared no effort to speak and reason, so that the fault party would not appeal after the first instance. (Persons in this article are aliased because of personal privacy)
 
 
 
丈夫:二度起诉要“休妻”
 
Husband: twice sued for divorce
 
 
 
家住萝岗区(现黄埔区)、年近半百的周庆在2015年2月再次向当地法院起诉,要与糟糠之妻阿芬离婚。早在2013年9月,周庆就曾向法院起诉离婚,但一、二审均判决不准离婚,法院认为双方感情尚未完全破裂。
 
Zhou Qing, who lives in Luogang District (now Huangpu District) and is nearly half a century old, again sued the local court in February 2015 to divorce his wife, Afen. As early as September 2013, Zhou Qing filed a lawsuit for divorce with the court, but the first and second instance judged that divorce was not allowed. The court held that the relationship between the two parties had not completely broken down.
 
 
 
据了解,周庆和阿芬是小学同学,大约于1985年开始谈恋爱,1990年3月在原广州市白云区九佛镇政府登记结婚,同年7月生了女儿。但周庆说双方婚后感情一般,经常因家庭日常琐事不断吵架,“由于妻子性格比较强势,不把他当家人看待,他为此经常感到闷闷不乐,对妻子的感情越来越冷淡”。
 
It is understood that Zhou Qing and Afen are primary school students. They started dating in 1985. They registered for marriage in March 1990 in Jiufo Town, Baiyun District, Guangzhou, and gave birth to their daughters in July of the same year. However, Zhou Qing said that after marriage, the feelings between the two parties are general, and they often quarrel because of the daily trifles of the family. "Because his wife has a strong personality and does not treat him as a family member, he often feels depressed for this reason, and his feelings towards his wife are getting colder and colder."
 
 
 
1999年夏天,周庆离家外出居住,这一出走就是14年之久。起诉时他对此轻描淡写地说“因感情不和”。此番起诉,周庆还想要6万元的征地补偿款及分红款。他诉称,2012年因国家征收,阿芬将分到的房屋指标擅自处理,独自领取每月2520元临时安置补助费,从2011年7月至起诉时共10万多元;阿芬还独自领取了分红款以及低保金,导致他分不到任何补偿,严重侵犯其合法权益,使其深感失望和气愤。
 
In the summer of 1999, Zhou Qing left home for 14 years. At the time of the indictment, he described it lightly as "emotional discord". Zhou Qing also wanted 60,000 yuan in compensation and dividends for land expropriation. He claims that in 2012, because of the state levy, Affin will be given housing indicators to deal with without authorization, receive a monthly temporary resettlement allowance of 2520 yuan, from July 2011 to the prosecution, a total of more than 100,000 yuan; Affin also received a dividend and a low premium alone, resulting in no compensation, serious violation of his legitimate rights and interests, making him deeply disappointed and angry.
 
 
 
特别是女儿的婚事,周庆称,妻子也从未与他商量,擅自主张,包办女儿一切婚事,根本不把他放在眼里。他在得知后还主动与阿芬商量,但阿芬不予理睬,这更大地伤害了他的心。周庆称,第一次起诉后,双方既没有履行夫妻义务,感情也没有任何好转,不可能再和好。
 
In particular, his daughter's marriage, Zhou Qing said, his wife never consulted with him, arbitrarily, arranged all her daughter's marriage, did not put him in the eye at all. He also took the initiative to discuss with Affin, but Affin ignored it, which hurt his heart even more. Zhou Qing said that after the first prosecution, the two sides have neither fulfilled their husband and wife obligations nor improved their feelings, and it is impossible to reconcile again.
 
 
 
妻子:生病遭嫌弃忍辱14载
 
Wife: 14 years of sickness and Disgrace
 
 
 
今年3月19日,这起离婚案件在当时的萝岗区法院公开开庭审理。阿芬答辩称周庆说的不属实,1990年婚后周庆就因交友不慎误入歧途,1990年至1995年接受劳动改造。期间她不离不弃,独立承担照顾家庭和抚养女儿的重担。1994年她与家公出资,拆除了结婚前由家公所建的旧平房,新建一幢两层楼房供全家人共同生活。
 
On March 19 this year, the divorce case was heard in the Luogang District Court at that time. Afen defended that Zhou Qing's statement was untrue. After his marriage in 1990, Zhou Qing went astray because of his careless friendship. From 1990 to 1995, he accepted labor reform. During this period, she did not abandon, independently assuming the burden of caring for the family and raising her daughter. In 1994, she and her father-in-law funded the demolition of the old bungalow built by her father-in-law before marriage, and built a new two-storey building for the family to live together.
 
 
 
周庆获释后,阿芬找兄长出资帮助周庆做起了汽车维修生意。但阿芬说“周庆并不感恩”。1996年,阿芬终因长年积劳成疾,患上了系统性红斑狼疮并发肺结核,周庆此时却在外与其他异性同居,从不支付她的医药费及女儿的抚养费。为了治病和供养女儿,阿芬只好向兄长等亲戚朋友借款。
 
After Zhou Qing's release, Affin sought his brother's money to help Zhou Qing start a car repair business. But Ah Fen said "Zhou Qing is not grateful". In 1996, Afen suffered from systemic lupus erythematosus (SLE) and tuberculosis after years of hard work. Zhou Qing was living with other heterosexuals and never paid for her medical expenses and her daughter's upbringing. In order to cure the disease and support his daughter, Ah Fen had to borrow money from relatives and friends such as his brother.
 
 
 
阿芬说,双方是有感情基础的,但周庆从未履行丈夫和父亲的责任,现在还怂恿家公家婆禁止她及女儿进入房屋。阿芬提起反诉,以周庆在婚姻中存在重大过错,且有义务扶养自己为由,请求判令周庆赔偿精神损害赔偿金10万元,支付女儿从1990年至满18周岁抚养费9万元,承担家庭债务25万元,并每月支付扶养费2000元直至她疾病痊愈。
 
Affin said that the two sides have an emotional basis, but Zhou Qing never fulfilled the responsibilities of her husband and father, and now encouraged her parents-in-law to prohibit her and her daughter from entering the house. Affin filed a counterclaim, claiming that Zhou Qing had made a serious mistake in her marriage and was obliged to support herself. He requested that Zhou Qing be ordered to pay 100,000 yuan for mental damage compensation, 90,000 yuan for her daughter's upbringing from 1990 to the age of 18, 250,000 yuan for her family debt, and 2,000 yuan for her upbringing monthly until she recovered from her illness.
 
 
 
此外,阿芬还请求法院将现在所居住的广州市萝岗区九龙镇某宅基地房屋二楼归她所有,或者周庆一次性向她支付房屋补偿款10万元。
 
In addition, Afen also asked the court to take the second floor of a house in Jiulong Town, Luogang District, Guangzhou, where she lives, into her possession, or Zhou Qing paid her a one-time housing compensation of 100,000 yuan.
 
 
 
审判焦点
 
Trial focus
 
 
 
1.谁才是过错方?
 
1. Who is the fault party?
 
 
 
经一审查明,阿芬所说基本属实,法院据此认为,周庆在婚姻中存在重大过错,应赔偿阿芬10万元。
 
After a review, it was found that Ah Fen's statement was basically true. The court accordingly held that Zhou Qing had made a serious mistake in his marriage and should compensate Ah Fen for 100,000 yuan.
 
 
 
2.抚养费怎么给?
 
2. How to pay the maintenance fee?
 
 
 
“周庆应支付抚养费。”法院认为,自周庆在1999年离家与他人同居以来,阿芬独自抚养女儿成年,自1999年1月至女儿年满18周岁,共计115个月,阿芬要求周庆支付抚养费于法有据。阿芬主张9万元抚养费,每月约合783元,法院认为数额合理,予以支持。
 
"Zhou Qing should pay the maintenance fee." The court held that since Zhou Qing left home in 1999 to cohabit with others, Ah Fen had raised his daughter alone. From January 1999 to the age of 18, a total of 115 months, Ah Fen asked Zhou Qing to pay the maintenance fee in accordance with the law. Affin advocates a maintenance fee of 90,000 yuan, which is about 783 yuan per month. The court considers the amount reasonable and supports it.
 
 
 
3.债务怎么分割?
 
3. How to divide the debt?
 
 
 
一审查明,阿芬自2000年9月至2015年2月因治病共支付医疗费20万余元,至今未治愈,而且她没有工作收入,每月治疗费用约为2000元。为抚养女儿及治疗疾病,阿芬向哥哥、弟弟借款共计18.8万元。
 
A review shows that Afen paid more than 200,000 yuan for medical treatment from September 2000 to February 2015, and has not yet been cured, and she has no income from work. The monthly cost of treatment is about 2,000 yuan. In order to raise his daughter and treat his illness, Afen borrowed 180,000 yuan from his brother and brother.
 
 
 
法院确认夫妻共同债务数额为18.8万元。法院认为,按照保护妇女合法权益以及照顾无过错方的原则,结合双方经济能力,确定周庆承担15万元家庭债务,阿芬承担3.8万元。
 
The Court confirmed that the amount of joint debts of husband and wife was 180,000 yuan. According to the court, according to the principle of protecting women's legitimate rights and interests and taking care of the no-fault party, Zhou Qing was determined to bear 150,000 yuan of family debts, while Afen was determined to bear 38,000 yuan.
 
 
 
4.应否扶养病妻?
 
4. Should I support my sick wife?
 
 
 
据悉,涉案二层楼
 
It is reported that the second floor of the case is involved.

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