The man who raised his son for 6 years was not his biological son and sued for the return of bride price and child support

2022-05-16 0 By

The son that discovers oneself raises nearly 6 years, through paternity test is not oneself oneself unexpectedly, Chongqing man MAO mou cannot accept such situation, subsequently hit two cases successively: one is to have not dealt with marriage to register formalities and already broke up former girlfriend appeal to the court, request to return these 6 years to child maintenance fee etc.;The second is the former girlfriend and his father to the court, the return of the dowry for the purpose of marriage.Recently, Chongqing Tongnan District People’s Court made a first-instance judgment on the two cases. The court ruled that MAO was unable to determine the obligation of raising him, and the woman should return more than 67,000 yuan in compensation, 20,000 yuan in compensation for emotional damage, and part of the bride price.A chongqing man surnamed MAO, who was born in the 1990s, and a woman surnamed Xu, who is several years younger than him, fell in love freely in 2014 and began living together, according to court documents published on The Website.In 2015, Xu pregnant, MAO learned that the good news, the girlfriend’s nutrition fees, alimony, inspection fees and all assume, marriage also subsequently put on the agenda, MAO in accordance with local customs to Pay 30000 yuan bride price to Xu Fu.In November 2015, Xu gave birth to a son, the two sides also named the son MAO MAO (pseudonym) and handle MAO MAO for the father of the birth medical certificate.However, the good times did not last long, in May 2017, MAO and Xu because of emotional discord, began to separate.Later, MAO raised MAO alone, and its parents to live in the countryside.Nevertheless, as time grows, MAO mou begins to suspect MAO MAO is not biological children.In July 2020, the guizhou Huarui Forensic Forensic identification institute, the conclusion is: exclude MAO MAO’s biological father.Seeing raising nearly 6 years of son is not his own, MAO mou can not accept this fact, then to the court to file a series of lawsuits: one is the former girlfriend (Maomao mother) appeal to the court, request the return of its support maomao pay during the cost of living 82800 yuan, and compensation for its mental damage 30000 yuan and so on;Second, the former girlfriend and her father to the court, request the two people to return the bride price of 30,000 yuan, and pay the loss of capital occupation.Court: the return of maintenance and part of the dowry, compensation for spiritual damage in chongqing model.flood-control district people’s court thinks, in this case, Mao Mou do not have a parent-child relationship with maomao, not raising the legal obligation to maomao, when they met in spending support based on false inevitable economic damage, while the defendant xu for the plaintiff’s raising behavior obtained improper benefit, therefore, the court for the plaintiffMAO mou claims to require the defendant to return alimony to support.Meanwhile, it supports the plaintiff’s claim to require the defendant to pay 4768.84 yuan of related expenses incurred during the defendant’s pregnancy.Court also thinks that the plaintiff for maomao for biological child support has been more than 6 years, during which there must be go to pay, to care, when know maomao non biological children, unavoidably suffered great damage of body and mind, his personality dignity coupled to damaged unavoidably lower social evaluation, therefore, for the plaintiff argues for compensation for mental damages of support.Combined with the situation of the whole case, the court of first instance judgment: the defendant Xu mou to pay plaintiff MAO aliment 62788.65 yuan, medical expenses and other expenses 4768.84 yuan, a total of 67557.49 yuan, and compensation for mental damage to plaintiff MAO 20000 yuan.For Mao Mou claim restitution of the bride price claims, the court held that engagement property disputes, the parties concerned request return to marry and to pay the bride price, if unmarried men and women both parties have indeed live together but not married, the people’s court may, according to the amount of time, CAI li, live together and combined with the local rural customs, etc., determine whether return number and returnThe forehead.The court took the whole case into consideration and decided that the two defendants should return the plaintiff’s bride price of 20,000 yuan.Source: