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If final report submitted by police in 498a FIR ,eligible for divorces


16-Oct-2023 (In Divorce Law)
In a 498a fir, if police found out no cruelity happens, and submitted final report (FR) to court. Then this can be the ground for divorce or not.?
Answers (3)

Answer #1
527 votes
No, filing of a final report by the police in a 498-A case cannot determine whether the parties are entitled to divorce or not. It completely depends upon the facts and circumstances of the case before the court. The filing of a final report suggesting no cruelty also can't be a ground for giving or denying the relief of divorce. But, it all depends upon the facts of the case. Your legal query is incomplete, the view which I gave here can also change and further legal advice can be given only after a detailed discussion regarding your case.
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Advocate Sahil Kumar Nair

Adv. Sahil Kumar Nair

LawRato Balangir | 100+ Answers
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Answer #2
904 votes
The fact that your query refers to a situation where the IO has submitted a closure report, does not essentially leave the Complainant (of the 498A FIR) without any remedy. The Complainant may pursue other legal remedies for registration of the FIR again. So filing of final/closure report cannot conclusively determine a ground for divorce. However, it is important to note that Supreme Court has ruled that acquittal under a 498A trial or quashing of the FIR under 498A can be a ground for divorce, as the Court primarily upholds in such proceedings that the offence of 498A was not made out. Therefore, it needs to be seen what should be the best strategy that needs to be carved out for the specific facts of your case.
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Advocate Sandipan Mohanty

Adv. Sandipan Mohanty

LawRatoBhubaneswar | 5+ Answers
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Answer #3
502 votes
From your question, you appear to be the husband. Yes, it amounts to cruelty, which is a good ground for the husband to file divorce. Consult a good divorce Advocate of your area, he will help you out.
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Advocate Sankar Prasad Padhi

Adv. Sankar Prasad Padhi

LawRatoSambalpur | 25+ Answers
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