
台中一名人妻指控丈夫與小玉(化名)發生婚外情,並主張丈夫將小玉列為旅行保險受益人及孝媳,侵害配偶權求償100萬元。丈夫否認並出示妻子簽署的兩份同意其外遇的協議書。台中地院認為夫妻關係名存實亡,且無法證明關係親密,判決駁回請求,可上訴。
AI-generated summary
人妻主張自1991年底結婚,丈夫自2019年起與小玉交往,並共同出遊、投保旅行平安險將小玉列為配偶、訃聞列為孝媳,侵害配偶權。丈夫否認並出示妻子簽署的同意其外遇的協議書。
台中一名人妻指控先生和小玉(化名)發生婚外情,兩人不但共同出遊,先生投保旅行平安險時也將小玉填為配偶,就連婆婆過世訃聞也將小玉列為孝媳,侵害配偶權重大,提告求償100萬元,先生否認並拿出太太所簽兩份「本人同意先生對外找女人」的協議書,台中地院審理後,認為人妻簽該協議書,顯示夫妻關係名存實亡,也無法舉證小玉與先生關係親密,判決駁回,可上訴。
這名人妻主張,1991年底和丈夫結婚,小玉(化名)明知先生有配偶,卻從2019年開始和先生交往,兩人除多次共同出遊,婆婆過世時,訃聞上竟寫小玉為孝媳,先生投保旅行平安險時也填小玉為配偶,就連先生生病,小玉也貼身照料,已逾越一般男女間正常社交往來分際,侵害配偶權情節重大,請求兩人連帶賠償100萬元。
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台中地院審理時,人夫則辯稱共同出遊的照片並無親密舉動;訃聞登載僅為人情考量,被保險人名冊的填載實屬筆誤;小玉雖在自己生病期間照料,尚不足以證明有侵害配偶權的行為。且妻子分別於1998年6月9日、2015年1月9日親筆書寫「本人不喜歡做夫妻間的事,每次先生找我都厭惡至極,本人同意先生對外找女人,絕不怨悔,空口無憑,特立此,立書人XXX(按捺指印)」,妻子既然同意他在外面找女人,則兩人難認有違法性。
台中地院審理後認為,兩人從2019年起就分居,早無繼續共同生活的基礎,且人妻亦簽協議書同意先生在外面找女人,意思就是不再要求先生履行夫妻間的忠誠義務,兩人婚姻關係雖形式上存續,但夫妻間實質關係早已名存實亡。人妻雖稱該同意書是在先生脅迫下簽立,但卻無法舉證。
法官並認為,訃聞上將人妻和小玉都並列為孝媳,人妻無法舉證是先生指使,或是其他親友主意;投保旅行平安險將小玉寫為配偶,也無舉證是先生所寫,還是保險業務人所填,雖情理上有可議之處,但難認情節重大。
此外,人妻所提出小玉與先生兩人出遊的照片,僅顯示兩人共同逛街、景點合影或與其他團友合照,並無互動親密的情形,認定請求兩人連帶賠償100萬元為無理由,判決駁回,可上訴。
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