Civil complaint
Plaintiff: , gender, year, month, and day of birth, nationality: Work unit: Position: ID number: Place of residence:
Place of residence: Contact number:
Defendant: , gender, year, month Date of birth, nationality: Work unit: Position: ID number: Place of residence:
Place of residence: Contact number:
Litigation request : 1. Request for a divorce order between the plaintiff and the defendant; 2. A child born out of wedlock by the defendant Support; 3. Request to divide the common property of husband and wife in accordance with the law, tentatively amounting to RMB 10,000; 4. Request to order the defendant to pay the plaintiff damages in RMB 10,000; 5. The plaintiff has the right to visit the child every (week or month); 6. The litigation costs shall be borne by the plaintiff. bear.
Facts and reasons:
The plaintiff and the defendant met on March 3, , and registered their marriage at the Municipal Civil Affairs Bureau on month, year. After their marriage, they gave birth to a son on month, month, year.
After marriage, the two people had incompatible personalities and very different ideological concepts, making it difficult to communicate with each other. The plaintiff had just given birth to a child, and the defendant committed repeated acts of domestic violence, restricted the plaintiff's personal freedom, and beat the plaintiff's parents and brother many times.
According to Article 32 of the Marriage Law, if domestic violence, abuse, or abandonment of family members is committed, divorce shall be granted if the court mediation fails; Article 34 stipulates that the woman may file for divorce within one year of giving birth. According to Article 46 of the Marriage Law, if domestic violence leads to divorce, the plaintiff has the right to request damages. Considering that the defendant was at fault for domestic violence and the woman had a greater obligation to raise the children, in accordance with Article 2, Article 39, and Article 40 of the Marriage Law, the court was requested to take care of the rights and interests of the plaintiff woman when dividing the property. According to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in the People's Courts' Trial of Divorce Cases", if the mother has one of the following circumstances during the lactation period, she can live with the father: she cannot fulfill her obligation to support her children if she has the conditions to support them, and the father requires the child to He lives with him, so he requested the court to award custody of the child to the defendant.
To sum up, the relationship between the plaintiff and the defendant has broken down, but there is no possibility of reconciliation. Therefore, we have filed a divorce lawsuit with your court. We hope that the ruling will be as requested.
Sincerely,
Municipal People's Court
Plaintiff:
html Year, month and day
Attached evidence directory:
Group 1: Household registration book, ID card, real estate certificate
Purpose of proof: The defendant's usual residence is district, and your court has jurisdiction Right;
Group 2: Marriage certificate
Purpose of proof: The plaintiff and defendant are husband and wife
Group 3: Medical records, diagnosis certificates, alarm records, domestic violence photos, witness testimony, administrative penalty notices, WeChat voice records, call recordings
Purpose of proof: The defendant has committed long-term domestic violence, assaulted the plaintiff’s parents, and restricted the plaintiff’s personal freedom.
Group 4: The child’s birth certificate
Purpose of proof: Who is more suitable to raise the child
Group 5: Real estate certificate, bank card, house purchase contract , loan mortgage contract, bank transfer record, house purchase invoice, personal loan repayment notice, repayment account details, stock account number
Purpose of certification: The house is the joint property of the husband and wife. The down payment before marriage is shared between the two parties, and the repayment is jointly repaid by both parties after marriage. Details of joint property.
Attachment: Property detailed list (property, vehicles, deposits, insurance, debts and debts, furniture, etc.)
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