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NRI Matrimonial Dispute- FIR And Mediation


11-Sep-2023 (In Family Law)
FIR was registered 3 years back and chargesheet filed against co accused except main accused as he left India. After CS mediation happened in court but it was not followed by accussed and in the mean time divorce granted on merit. Investigation is still pending against main accused as he is not in India. Can IO file the final report of accussed based on mediation document without any court order and without any statement of opposite party?
Answers (3)

Answer #1
908 votes
Hello Good evening I'm Advocate Vivek Mishra well according to your case if Investigation is pending in court of chargesheet has been filed . depends on police how they work according to your case statement should be mentioned .for more details kindly contact me
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Advocate Vivek Mishra

Adv. Vivek Mishra

LawRato Allahabad | 900+ Answers
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Answer #2
501 votes
dear client as per your query I can only say as the accused is not in india and was not present during the investigation may be he could not come due to pandemic and if the allegations are not proved against him during the course of investigation by the IO he can give the FR for future consultation (paid)please contact us with your relevant documents.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRatoAllahabad | 700+ Answers
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Answer #3
673 votes
I am assuming that the FIR was under Section 498A? or if not then which section? Keeping that aside, IO can file chargesheet/Final Report under Section 173 CrPC regardless of whether divorce was granted or whether the accused is abroad or in India. His job is only to investigate and send the report to CO office and consequently to the court. He can make base on any evidence he deems fit. He doesn't need any court order. However, if you are the complainant, IO will ask for your statement and in case you don't give one after several tries, he may proceed without it.
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Advocate Medhavi Mishra

Adv. Medhavi Mishra

LawRatoNoida | 50+ Answers
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