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赵某与尹某离婚纠纷一审民事判决书
Zhao v. Yin: Civil judgment on a dispute over divorce
发布日期:2014-11-07
Published: July 7th, 2014
江苏省丰县人民法院民事判决书
Civil judgment of People's Court, Feng County of Jiangsu Province
2014 丰华民初字第0526号
2014 Feng County Civil Case#0526
原告赵某,农民。
Plantiff, Zhao, Farmer.
被告尹某,汉族,农民。
Defendant, Yin, ethnicity Han, Farmer.
原告赵某诉被告尹某离婚纠纷一案,本院于2014年10月13日立案受理,依法由审判员曾杰适用简易程序,于2014年11月4日公开开庭进行了审理。原告赵某、被告尹某到庭参加诉讼。本案现已审理终结。
The case of Zhao v. Yin on their dispute over divorce was filed to this court on October 13, 2014. According to the law, judge Jie Zeng applied simple procedures, and held the public hearing on November 4, 2014. Both Zhao and Yin attended the hearing. This case has now been concluded.
原告赵某诉称:原告娘家在四川绵阳市,1984年9月被拐卖至丰县;XXXX年X月,双方按照农村的风俗举行了结婚仪式,并开始以夫妻的名义同居生活。1986年12月生大女儿尹春芳,1987年10月生二女儿尹春艳,1989年10月生龙凤胎儿子尹春响、三女儿尹春兰。由于原告被告婚姻基础差,婚后没有培养出夫妻感情,现已分居5年多,夫妻感情确已破裂,故要求依法判令原告、被告离婚。
The plaintiff Zhao claimed: Her hometown was Mianyang, Sichuan Province. On September 1984, she was kidnapped from her hometown and sold to Feng County. XXXX (year and month hidden), Zhao and Yin held a wedding ceremony in accordance with rural customs, and began to live together in the name of husband and wife. On December 1986, Zhao gave birth to the eldest daughter Chunfang. On October 1987, she gave birth to the second daughter Chunyan. On October 1989, she gave birth to twins, son Chunxiang, and the third daughter Chunlan. Due to the poor foundation of their marriage, she and Yin did not cultivate any marital love, and they have now been separated for more than five years. Their marital relationship has broken down, and thus she is now filing for divorce.
被告尹某辩称:原告被告系经人介绍认识,原告系自愿跟随被告至丰县生活。告辩人不同意原告起诉离婚的诉求。双方共同生活三十多年,儿女都已结婚成家。原被告之间的感情没有破裂,且为了子女,为了维系家庭的完整,坚决不同意离婚。
The defendant Yin argued: He and Yin met via a matchmaker, and Zhao voluntarily came to Feng County to live with him. He firmly disagrees to divorce. He and Zhao have lived together for more than thirty years, and their children all got married. Their marital relationship has not broken down, and for the sake of their children, for the integrity of the family, he strongly disagrees to divorce.
经审理查明:原、被告经人介绍认识,后于xxxx年xx月举行结婚仪式并共同生活,婚后生育四子女:1985年农历十二月生长女尹春芳,1987年4月生次女尹春艳,1990年农历正月生三女尹春兰,1990年农历正月生长子尹春响。原被告共同生活三十余年,共同养育四子女,婚后感情尚可。近年来,因原告外出打工,被告经常喝酒,双方缺乏沟通,互相不信任,常因琐事产生矛盾。
The court found that: Zhao and Yin were introduced to each other, held a marriage ceremony in XXXX (year and month hidden) and started living together. They had four children: First daughter Chunfang, born in December 1985; second daughter Chunyan, born in April 1987; third daughter Chunlan, born in January 1990; and first son Chunsong, born in January in 1990 (all dates are based on lunar calendar). Zhao and Yin had lived together for more than 30 years, raised four children together, and had an acceptable relationship after the marriage. In recent years, Zhao went to another city to work, and Yin drinks a lot. Therefore they lacked communication and mutual distrust, and had frequent conflicts due to trivial matters.
以上事实,有原、被告的陈述,丰县华山镇长庄村民委员会出具的证明材料所证实,本院予以确认。
The above facts came from the plaintiff's and the defendant's statements, and were verified by the materials issued by the Villagers' Committee in Zhenzhang village, Feng County.
本案的争议焦点为:原、被告之间夫妻感情是否确已破裂,是否符合法定的解除婚姻关系的条件。
The focus of this dispute is: Whether Zhao and Yin's marital relationship has indeed broken down, and whether they met the statutory conditions for dissolution of marriage.
本院认为:**原、被告于1984年开始以夫妻名义共同生活,虽未办理结婚登记,但已构成事实婚姻。**原、被告婚后感情尚可,共同生活近三十年,辛苦养育四子女,双方对家庭、子女均有较大的付出。**目前原、被告已人到中年,四子女均已长大成人,双方应珍惜多年的夫妻感情,相互扶持,彼此陪伴,共同维护家庭的完整。近年来,由于双方缺乏沟通与交流,互相不理解,以致影响了二人的夫妻感情。在今后的生活中,双方应多做自我批评,互谅互让,彼此关心体贴,多为对方利益着想,双方还是有和好的可能的。原告要求与被告离婚,未提供证明双方感情破裂的证据,本院不予支持。**据此,依照《中华人民共和国婚姻法》第三十二条之规定,判决如下:
The court believes that: Zhao and Yin began to live together in 1984 in the name of husband and wife. Although they had never registered for marriage, their relationship constitutes a de facto marriage. Zhao and Yin had an acceptable relationship after marriage, had lived together for nearly thirty years, and worked hard to raise their four children. At present, Zhao and Yin are middle-age woman and man, their four children have grown up, and they should cherish their long-time relationship. They should give each other support and company, and maintain the integrity of the family. In recent years, due to the lack of communication between the two parties, they lack mutual understanding, which affected their marital relationship. In the future, the two parties should look into their own faults, understand and tolerate each other, and provide mutual care and consideration. If so they can still be a good couple. Zhao filed for divorce but did not provide evidence to prove the breakdown of their relationship. Therefore the court does not support her claim. In accordance with the provisions of article 32 of the marriage law of the People's Republic of China, the judgment is as follows.
不准予原告赵某与被告尹某离婚。
Zhao and Yin's divorce is not granted.
案件受理费120元,由原告赵某负担。
The case filing fee of 120 yuan is Zhao's responsibility.
如不服本判决,可在判决书送达之日十五日内,向本院递交上诉状,并按对方当事人的人数提副本,上诉于江苏省徐州市中级人民法院,同时向该院预交上诉案件受理费。
If the plaintiff does not accept this judgment, she may, within fifteen days from the date of service of the judgment, submit an appeal to this court with the number of copies based on the number of relevant parties. She can appeal to the Intermediate People's Court of Xuzhou City, Jiangsu Province, and prepay the appeal fee.
审判员 曾杰
Judge, Jie Zeng
2014年11月7日
November 7, 2014
书记员 刘亭亭
Clerk, Tingting Liu