Later, Haidian Court rejected the plaintiff's claim on the grounds that Hengshui Court of Hebei Province had decided that both parties were divorced 10 years ago. Yesterday, the First Intermediate People's Court of the Court of Second Instance heard the case.
Last year128, 65438, two judges who tried the case made a civil ruling, saying that there was a clerical error in the divorce judgment and it should be corrected. On June 4th of the same year, 165438+ the president of Hebei Hengshui Intermediate People's Court issued a civil ruling, saying that the judgment had taken legal effect, and that "the judgment was indeed wrong and should be retried, and it was decided that the case should be retried by the collegiate bench of the hospital, so that the execution of the original sentence could be suspended during the retrial".
After the trial, Song Yahong said that because Hebei Hengshui Intermediate People's Court had decided that the original judgment was wrong and suspended execution, Haidian Court's previous decision based on the judgment of Hebei Hengshui Intermediate People's Court was wrong, so the lawsuit in this case should be suspended first, and the trial should be resumed and the corresponding judgment should be made after Hebei Hengshui Court concluded the retrial case and confirmed the final effect of Hengshui Court's judgment. In this regard, lawyer Liu Hongzan said that the suspension of execution of the judgment does not deny the fact that the judgment has taken effect. The retrial of Hebei Hengshui Intermediate People's Court does not include the marriage relationship between the two parties, but only re-examines the property.