A couple has been in a common-law (civil) marriage for several years, in which the child was born. Three years after the birth of the child, the partner found out that hi is not the father. The indignant spouse sued the former cohabitee for moral suffering of half a million rubles plus damages, to which he attributed all carefully calculated payments for his apartment where he lived with the defendant and her child during this time, as well as paid medical services related to pregnancy and childbirth.
We represented the defendant in this case No 2-930/2019 in the Kuybyshev district court of Saint Petersburg. We convinced the court that the issue is not regulated by law, but relates to morality, in which the courts are not allowed to make their judgments or evaluate people’s actions.
Everyone remains responsible to his own conscience, and ethical beliefs cannot be the subject of a court dispute or grounds for property claims. In addition, the plaintiff’s own conduct was flawed for a number of reasons.
The decision of the court of 20 March 2019 to grant the claim is rejected. With our arguments, we believe that over time the plaintiff agreed, who did not contest the decision of the court that entered into force.
