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2016年6月22日,江苏省南京市溧水区人民法院审理了一起原夫妻之间的扶养纠纷。在丈夫小刚向法院提起离婚诉讼时,妻子小杰下落不明,经法院公告后判决双方离婚。得知自己“被离婚”后,小杰向法院提起诉讼,要求小刚履行夫妻之间的扶养义务。因该案是小杰在离婚一年后才提出的,小杰的诉请能否得到法院的支持,关键在于对法律规定中的“离婚时”如何理解。审理该案件的承办法官立足于情、理、法相融互通的角度,对《婚姻法》第四十二条进行了新的解读,充分体现了情与法的有机统一,展现了司法温情的一面。
On June 22, 2016, a people’s court in Lishui District, Nanjing, Jiangsu Province, adjudicated for a settlement dispute with the original husband and wife. When her husband Xiaogang brought a divorce lawsuit to the court, his whereabouts of his wife Jie was unknown. After the court announced that the two parties divorced. After he learned that he was “divorced,” Jill filed a lawsuit in the court demanding that Xiaogang fulfill the obligation of raising a husband and wife. Because the case was made only one year after the divorce was proposed by Xiao Jie, the key to whether Jupiter’s petition can get the support of the court lies in how to understand “when divorce” in the law. The trial judges handling the case, based on the integration of emotion, reason and law, carried out a new interpretation of Article 42 of the Marriage Law, fully reflecting the organic unity of love and law and showing the aspect of judicial tenderness .