The 60-year-old woman said she was domestically abused, her husband: She wanted to make out in the morning, she slapped her backhand first

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Original title: Morning Help?The 60-year-old lady said she was domestically abused, her husband: She wanted to make out in the morning, she slapped her backhand first

Recently, Ms. Yang, a citizen of Changsha, asked Xiaoxiang Morning News (WeChat: xxcbbaaliao) for help. Her mother, Ms. Yu, suffered domestic violence from her stepfather some time ago and is still in hospital. “We filed for divorce and asked our stepfather to either compensate or provide us with a place to live.”

Ms. Yang’s stepfather, Mr. Xu, said that it was not domestic violence. “I just woke up in the morning and wanted to have sex with my wife, but I was slapped in the face by her unexpectedly, and I was also beaten.” As for the other party’s “compensation or offer place of residence”, Mr. Xu said that he could not meet the requirements.

The lawyer said that if there is domestic violence on both sides, the court will make a judgment based on the size of the fault.

In the early morning of June 14, Ms. Yang received a call from her mother and asked her to visit her home. “My mother called me at 7 o’clock in the morning. When I went, I found that she was beaten by her stepfather, and there was blood from the corner of her mouth.” Ms. Yang said that early in the morning, the mother and stepfather had a quarrel over some trivial matters. Physical conflict occurs. The photos provided by Ms. Yang showed that the mother’s face was red and swollen, and her right arm was also bruised.

Subsequently, Ms. Yang took her mother to the Ningxiang City People’s Hospital for an examination. The hospital’s diagnosis report showed that Ms. Yu had “contusion, red and swollen areas on the forehead and face, tenderness, and no obvious depressed fractures.” The diagnosis was “multiple injuries (concussion?)”, and she was advised to be hospitalized for observation and treatment. . “I started to be hospitalized that day, and I have been taking care of it. Today (June 19), the situation is better, so I went to work. Now my mother is in the hospital alone.” Ms. Yang said.

Ms. Yang’s mother, Ms. Yu, who lives in Changde, is 60 years old this year. Her husband died a few years ago. Eleven years ago, she was introduced to her current husband, Mr. Xu, who is 66 years old this year, and lived in Mr. Xu’s home in Ningxiang. “My stepfather also has a son who is older than me. He is not bad. After my mother was hospitalized, he paid the hospital fee, but he left after paying the money, saying that he would not be found in the future.” Ms. Yang revealed that before that The stepfather had domestic violence against his mother many times, but because it was not serious, she didn’t take it too seriously. “I persuaded them a few times before to let them have a good time.”

On June 19, Ms. Yang’s stepfather, Mr. Xu, told Chenyi to help reporters: “On June 14, I woke up at about 5 o’clock, it was already dawn outside, we slept on the same bed, I was wearing short clothes. In shorts, I wanted to make out with her, so I touched her hand, but I didn’t expect that she would slap me with a backhand.” Mr. Xu said that the two fought together afterward.

“I had a car accident in 2019, my legs and feet are inconvenient, and I am relatively thin. I am 1.72 meters and less than 100 pounds. It is not her opponent at all.” Mr. Xu said that his wife used the hand wearing the silver bracelet. He made a fist and hit himself, “hit my chest, head, and shoulder.” In the photos provided by Mr. Xu’s cousin, the reporter noticed that Mr. Xu had some red marks on his back, neck, and legs, ” They were all beaten by her (Ms. Yu). I didn’t go to the hospital, but only went to the pharmacy to buy some medicine.”

Mr. Xu denied Ms. Yang’s claim that “the stepfather often abused her mother domestically”. “I have never hit her on the initiative. This time I fought back because she hit her too hard.” Mr. Xu said that he and Ms. Yu were remarried, but there was no emotional foundation. “Before the car accident, I always Work outside and send her money, they just want money.”

“Our thinking now is to get divorced. After the divorce, we will either get the corresponding compensation or arrange a place for my mother to live.” Ms. Yang said that she lived with her parents-in-law and it was inconvenient for her mother to live there. “She is still here. The hospital, I dare not go back to that home.”

Regarding the demands made by Ms. Yang and others, Mr. Xu did not agree. “If the other party wants to get a divorce, he can leave, but my house has become a dilapidated house. The house I live in now was built by my son and cannot provide a place to live for the other party. Besides, I am also the one who was beaten, so why should I lose money? ?”

Liu Ming, executive director of Hunan Ruipang Law Firm, believes that Article 1090 of the Civil Code stipulates that: in the event of a divorce, if one party has difficulties in living, the other party who can afford it should give appropriate help. Therefore, in addition to requesting the division of marital property during divorce, the party with living difficulties can ask the party who can afford it to provide assistance in housing and other issues after providing relevant evidence that life is indeed difficult. However, this kind of help is also temporary, and the parties still have to solve the follow-up problems by themselves.

Liu Ming said that in the divorce proceedings, if one party has domestic violence, the other party can ask the other party to pay corresponding compensation. However, it is necessary to provide corresponding evidence to prove that there is domestic violence on both sides, and the court will make a judgment based on the size of the fault.

Xiaoxiang Morning News reporter Man Yankun

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