“婚外胚胎案”最新进展:男方主动撤回离婚起诉,若无新证据新情况,半年内男方不能再提起离婚
备受关注的婚外冷冻胚胎案,又迎来一项重要进展。当事人朱女士对外透露,由男方提起的离婚诉讼已经由其本人主动撤回。
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朱女士介绍,8月10日,她已经向无锡市梁溪区人民法院提交申请,请求调查男方名下资产,目前尚未拿到调查令。就在这段时间,她收到法院通知,男方已经向法院提交撤诉申请,法院已裁定准许撤回该起离婚起诉。
按照相关法律规定,原告撤诉的离婚案件,如果没有新情况、新证据,原告在六个月之内不得再次向法院提起离婚诉讼。
除此之外,朱女士收到了上海市徐汇区人民检察院发来的受理通知书。此前她针对男方与第三者伪造结婚证、仅处以行政拘留五日一事,提交了刑事立案监督申请,目前该申请已经正式被检察院受理,后续将等待检察机关给出答复。
回顾案件时间线:男方此前向无锡法院起诉离婚,原本定好了开庭日期;另一边,上海徐汇法院已于7月30日开庭审理人格权纠纷一案,朱女士起诉丈夫、第三者以及涉事医院,诉求包含处置涉案冷冻胚胎、精神损害赔偿、第三者赔礼道歉等,该案开庭后尚未宣判。
朱女士此前便表明自己的态度:在胚胎一事妥善处置之前,她并不愿意离婚。如今离婚诉讼撤诉,并不代表双方矛盾就此了结,胚胎处置、财产返还、追责维权等多条诉讼路径仍在推进当中,整件案件还有大量程序等待走完,一切结果以各地法院、检察院官方文书为准。
Latest update on the extra‑marital embryo case: husband voluntarily withdraws divorce suit. Without new evidence or circumstances, he cannot file for divorce again within six months.
The widely‑discussed extra‑marital frozen‑embryo case has seen another major procedural development. Party Ms.Zhu disclosed that the divorce lawsuit filed by her husband has been voluntarily withdrawn by him.
Ms.Zhu stated that on August 10, she submitted an application to Wuxi Liangxi District People’s Court to investigate her husband’s assets, and she has not yet obtained the investigation order. Shortly afterwards she was notified by the court that her husband had filed a withdrawal application and the court has approved the dismissal of this divorce case.
According to relevant legal provisions, after a plaintiff withdraws a divorce suit, the same plaintiff shall not file another divorce action within six months in the absence of new circumstances or new evidence.
Meanwhile, Ms.Zhu has received an acceptance notice from Xuhui District People’s Procuratorate in Shanghai. She previously submitted an application for criminal‑filing supervision regarding the five‑day administrative detention penalty for her husband and the third party who forged a marriage certificate. The procuratorate has formally accepted the application and its decision will be released later.
Looking back on the timeline: the husband previously filed for divorce at the Wuxi court with a scheduled hearing date. On another legal track, the personal‑rights‑related case was heard at Xuhui District People’s Court on July 30. Ms.Zhu sued her husband, the third party and the involved hospital, seeking disposal of the disputed frozen embryo, compensation for mental‑damage losses and a formal apology. No verdict has been delivered after the hearing.
Ms.Zhu has made her stance clear before: she is unwilling to get divorced until the embryo‑related dispute is properly resolved. The withdrawal of the divorce litigation does not mark an end to all conflicts. Multiple legal proceedings including embryo disposal, property recovery and accountability claims are still underway. All final outcomes shall be subject to official documents issued by courts and procuratorates.
多起诉讼并行,你认为这起案件最难解决的矛盾点是胚胎处置还是婚内财产划分?
With multiple lawsuits proceeding at the same time, which do you think is the most difficult conflict to resolve, embryo disposal or the division of marital property?
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