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Rajkumar Shastri   02 October 2017

Is apology in marriage acceptance of guilt?

Good afternoon friends. I am in difficulty regarding divorce case filed by my wife. Main difficulty I have in undersanding is, is my general apology to her an admission that I was guilty of cruelty?

We were married for about four months and she has left me. The reason is that I had very major serious arguments (not physical) with her regarding some naked photographs of her that she was sharinng on WhatsApp with someone. I'm not trying to malign her and therfore, I will not get into details. I was very angry and had spoken some really bad harsh words to her during these arguments. 

We have been living separately for about 9 months. During these 9 months that we were living separately, I kept contacting her repeatedly asking her to meet me once. I kept messaging her and sending WhatsApp (about 100 WhatsApp messages each month) saying I was very sorry and meet me once, let us discuss before we break up marriage. But she refused to meet me even once. I can only hope you people understand and belive me because even my near ones are not believing me and thinking that because she's so angry, it must be something very wrong I must have done. I haven't told anyone about these photographs issue.

Now she has filed divorce case in which she has said that I was cruel because I wanted dowry, denied her food or even daily use items and used to beat her. All such dirty lies. She has also filed screenshots of my WhatsApp messages of  sorry and she's saying that I was apologiuzing to her for being cruel. She then says that she was not ready to forgive me because my apologies were not sincere and I was making fake apologies. Her main point is that I was apologizing for being cruel and having demanded dowry from her.

Nowehere in any messages does it say that I'm sorry for demanding dowry. Messages say, I'm sorry for the way I behaved ... I'm sorry I hurt you ... I'm sorry I couldn't give you happiness etc. The fact is that my meaning was that I was sorry about being rude and harsh to her, but even that is not coming out clealy from messages. The messages can be understood as anything - she can say it was sorry for cruelty and dowry and I can say it was sorry for being rude. I honestly apologized to her so that we can forget the past and start again and I thought there is no ego if I accept my fault in being rude and apologize for that. I never knew she would use it like this.

Please help me. If I have said sorry to her repeatedly on messages, will; it mean that I am accepting that I was cruel to her and now I am sorry for that? Please, I am very troubled. Is there any Court case in past like this?



Learning

 20 Replies


(Guest)

Dont lie you asked dowry.  You will go to jail.

Dont whine. Simply take divorce and f**k off. Dont waste your life and hers.

Rajkumar Shastri   02 October 2017

I can't blame you. When my own people don't believe me, why should a stranger like you. I must thank you though for shedding light on the pysche of law professionals. You are a trained professional, I'm assuming, and if that is your first, instinctive response to a man's truth, I can imagine how the Court will treat me. Becuase the woman says, it is gospel truth; I thought only laymen thought like that, not lawyers and Judges. 

Rishi kumar   02 October 2017

Dear Mr. Shashtri,

now that the  matter has gone to court, there is nothing you can do by being sentimental. Life gives some of us a raw deal at some point of time. So now be ready for the fight. BIG FIGHT. Forget who is going to believe you or not. Your survival is important. So if she has not filed a 498a against you, that is sure to come. 

Have you got the proof  of her sharing naked photos ? If so keep them safe. That is going to be your life saver. The man presiding the court is also a human. He will understand how an average Indian husband will react to a situation like this. You only did that. And being human you apologised. Nothing wrong. So gather all the wedding photos. If they say you have demanded dowry, let them prove it. They have to , not you. Let them show photos , videos, or bank transfers. Do not worry. You will not go to jail. Let any advocate scare you. You will also get replies from good advocates here. Wait for their replies,also. But learn a little law.  Be smart. Do not make unnecessary false allegations. You will be forced to prove. So be truthful. Tell the court that there was an arguement over  this issue. You don't have to shield her. If you have saved the photos  screenshot, produce it as evidence. Maintain that all the charges are fabricated. Tell the court That you are prepared to take her back if she mends her ways. Find ways to conceal your actual income or show a reduced income if possible. Be smart, don't be a crybaby. Fight to finish. After sinning,  and after you had apologised, if she is turning against you, it is not worth living with her. .forget the past. You are not going to jail and they are not going to hang you. Good luck.

Vijay Raj Mahajan (Advocate)     02 October 2017

Best advice for you is to agree for divorce. Just file appearance in Family Court and agree for dissolution of marriage by mutual consent. Let both sign Memorandum of understanding wherein you both agree not to file any criminal complaint against each other, nor demand any money in the form of alimony etc. Let a joint petition for divorce by mutual consent be filled and break to end the unsuccessful marriage for ever.

Siddharth Srivastava (Advocate)     02 October 2017

Thought saying 'sorry' does not prove that you had ever demanded dowry or treated her with cruelty but you must have to explain as to why you said 'Sorry' to her. Why you are worried? You shall have opportunity to cross examine her and also to prove your case. Try to resolve the issue amicably and go for divorce by mutual consent. There is no reason to live with a lady who does not care for you.

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2017

If you are relation is strained and there is no chance of reunion then there is no meaning in continuing the relation, so file an objection to the petition denying her allegations and pray  to allow the petition.


(Guest)

Dear Rajkumar Shastri,

Whatever happened, happened for good.
Whatever is happening, is happening for good.
Whatever will happen, that will be for good as well.
What have you lost? why are you crying?


MATRIMONIAL SETTLEMENT (DIVORCE) WITH MUTUAL CONSENT Clauses of deed of settlement - Memorandum of Understanding:

Read more at: https://www.lawyersclubindia.com/forum/Matrimonial-settlement-with-mutual-consent-mou-conditions-142973.asp

Kumar Doab (FIN)     02 October 2017

Originally posted by : Rajkumar Shastri
Good afternoon friends. I am in difficulty regarding divorce case filed by my wife. Main difficulty I have in undersanding is, is my general apology to her an admission that I was guilty of cruelty?

We were married for about four months and she has left me. The reason is that I had very major serious arguments (not physical) with her regarding some naked photographs of her that she was sharinng on WhatsApp with someone. I'm not trying to malign her and therfore, I will not get into details. I was very angry and had spoken some really bad harsh words to her during these arguments. 

We have been living separately for about 9 months. During these 9 months that we were living separately, I kept contacting her repeatedly asking her to meet me once. I kept messaging her and sending WhatsApp (about 100 WhatsApp messages each month) saying I was very sorry and meet me once, let us discuss before we break up marriage. But she refused to meet me even once. I can only hope you people understand and belive me because even my near ones are not believing me and thinking that because she's so angry, it must be something very wrong I must have done. I haven't told anyone about these photographs issue.

Now she has filed divorce case in which she has said that I was cruel because I wanted dowry, denied her food or even daily use items and used to beat her. All such dirty lies. She has also filed screenshots of my WhatsApp messages of  sorry and she's saying that I was apologiuzing to her for being cruel. She then says that she was not ready to forgive me because my apologies were not sincere and I was making fake apologies. Her main point is that I was apologizing for being cruel and having demanded dowry from her.

Nowehere in any messages does it say that I'm sorry for demanding dowry. Messages say, I'm sorry for the way I behaved ... I'm sorry I hurt you ... I'm sorry I couldn't give you happiness etc. The fact is that my meaning was that I was sorry about being rude and harsh to her, but even that is not coming out clealy from messages. The messages can be understood as anything - she can say it was sorry for cruelty and dowry and I can say it was sorry for being rude. I honestly apologized to her so that we can forget the past and start again and I thought there is no ego if I accept my fault in being rude and apologize for that. I never knew she would use it like this.

Please help me. If I have said sorry to her repeatedly on messages, will; it mean that I am accepting that I was cruel to her and now I am sorry for that? Please, I am very troubled. Is there any Court case in past like this?

 The obscene pictures as posted by you are after marriage?

Is any court case filed.

If despite obscene  pictures are shared with some other person after marriage and still if you have shown big heart then why there is any charge on you!

Sumit Kumar (IT)     02 October 2017

its just a divorce case. nothing will happen. keep dragging the case, take adjournments, time petition etc till everybody gets bored. in short dont hurry to get things resolved. dont appear in court unless summonned by the judge, dont try for settlements, dont talk to other party. soon youll see opposite lawyer approaching your lawyer with offer of huge alimony amount. say you are broke and can offer only 2 lacs. slowly their demands will come down and they will get restless for settlement. go for MCD and get rid of this girl. Alleged trading of nude pics online is nothing short of prostitution. so why waste your life .


(Guest)
Originally posted by : Rajkumar Shastri
I can't blame you. When my own people don't believe me, why should a stranger like you. I must thank you though for shedding light on the pysche of law professionals. You are a trained professional, I'm assuming, and if that is your first, instinctive response to a man's truth, I can imagine how the Court will treat me. Becuase the woman says, it is gospel truth; I thought only laymen thought like that, not lawyers and Judges. 

In court only alimony is granted to abala naari. If you dont pay alimony you go jail. If you asked dowry you go jail. if you took dowry you go jail. If you hit her you go jail.

So in court either you go jail or you pay alimony.

Divorce is gotten by paying fees of alimony.  Dont become monkey at hands of wife and court. Do as I said.

Rishi kumar   03 October 2017

Dear Advocate Raj Malhotra,

if you are so certain that men are , and going to be at the receiving end, don't you take up men's divorce cases? Yes you do. You collect fee from them and say "I will do this , I will get you this and that". And now on a public platform, free platform, you are scaring men like this. Edit your last line. Make it " monkey at the hands of wife, lawyer and court".

Adv Radhika Mehta (Advocate)     03 October 2017

Use of the word sorry itself shows that you have done something wrong, something worth apologizing for.  But whether the same was for Dowry is something that your wife will have to prove.  The word sorry in such a context can be interpretated in a hundred ways and it depends upon your lawyer how he handles it.  This is not a very big issue so dont fret yourself. Just by alleging that you demanded Dowry, your wife is not going to get a Divorce. And most importantly, as rightly suggested by you hereinabove, keep proof of those chats safely, if you have. 


(Guest)
Originally posted by : Rishi kumar
Dear Advocate Raj Malhotra,

if you are so certain that men are , and going to be at the receiving end, don't you take up men's divorce cases? Yes you do. You collect fee from them and say "I will do this , I will get you this and that". And now on a public platform, free platform, you are scaring men like this. Edit your last line. Make it " monkey at the hands of wife, lawyer and court".

This has been the trend ever since IPC 498a was introduced.  Much before that also women are powerful in courts of Law.  Law always sees woman as weaker s*x.  That’s why it provides maximum benefit everywhere.

I am not like other lawyers who give false hope that they will get divorce etc to men and women who approach me.
There are only 7 conditions under which divorce will be granted.  If any one or all of them are fulfilled then court will grant divorce.

Men ask divorce, men have to pay hefty alimony to wife  and take mutual divorce or else have to satisfy court 1 or all of the 7 conditions for court to grant divorce on its own, if they are hindu muslim sikh isai.
If women ask divorce court will happily give divorce with or without condition.  

Truth nobody  wants to accept.  What I have told is truth.  Don’t waste life by listening to lawyers who simply promise divorce and make you circle courts for entire lifetime.  Take may advice, ask how much she wants, pay and take mutual divorce.

Kumar Doab (FIN)     03 October 2017

Your query is not clear if any case in court has been filed or complaint with police has been filed.

If you can  build irrfutable evidence of illegitmate demands, threats etc etc by your own skills or with help of your counsels to defend your interest.

If married relation has reached to a level despite efforts of everyone i.e both of you, relatives from both sides, mediators etc etc  and it is visible that that it is not possible for you ,your spouse, to live together.....................approach court and end marriage by MCD.

 

In the meantime build irrefutable evidence to defend your interest.

 

For MCD also take expert advise.

The spouse can retract; Mukar Sakte Hain.

 

 

 


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