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Mutual Divorce Petition and FIR closure
22-Aug-2023 (In Divorce Law)
I have filed for divorce 4 years back and we have been living separately since then. My wife is saying she will sign only once in front of the family court and will take the full alimony amount on that day in front of the family court judge. Both our lawyers are saying that the mutual divorce will not be filed under section 13b since I have already filed the divorce petition 4 years back. In this new petition they will mention closing of Maintenance and Divorce case and if GR case is there regarding FIR that will be mentioned too and closed. My question is can FIR be closed by writing the terms and conditions in the petition filed for mutual divorce decree whether or not the police has submitted the chargesheet before SDJM court? Do I have to run from Mahila PS to SDJM or High Court if my wife backs out of closing the FIR after getting the alimony amount? I do not want to be in trouble with police regarding FIR after giving her the alimony amount. Please advice.
hello, FIR once registered cannot be closed and if FIR is registered under which section if it's been registered under non bailable offences, then you have to be forwarded to judicial custody or Jail. you will have to give hazira in the court where your case is in, your wife cannot close a FIR once registered so kindly check that has it been registered or only SD has been done.
And for Alimony only will be decided and settled before the court don't do anything without the Court knowledge.
any further assistance kindly get in touch.
And for Alimony only will be decided and settled before the court don't do anything without the Court knowledge.
any further assistance kindly get in touch.
Helpful?
Adv. Sambit Swarup Patra
Bhubaneswar | 25+ Answers
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Dear sir
once all issues settled before concerned court with joint agreed terms and conditions then pending FIR will be also weak in evidentiary value as complainant herself donot want to pursue. accordingly police will close investigation and may give final form . If your wife will back out latter you can accordingly aporoach before court for non adherance of settlement terms and conditions. and also in both the situation as your wife have already given favourable statement before court during settlement it will always work in favour of you.
once all issues settled before concerned court with joint agreed terms and conditions then pending FIR will be also weak in evidentiary value as complainant herself donot want to pursue. accordingly police will close investigation and may give final form . If your wife will back out latter you can accordingly aporoach before court for non adherance of settlement terms and conditions. and also in both the situation as your wife have already given favourable statement before court during settlement it will always work in favour of you.
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Adv. Sanjay Kumar Panda
Bhubaneswar | 25+ Answers
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