Hello, I got a mutual consent divorce on 12th Dec '17. Due to the arguments and fights that happened, I had been very upset and had bottled up all the anger. I wrote to my ex-wife an angry email in 21st March 2018 where I said some mean things. But I clearly mentioned that this was intended to be my last message to her. I was angry and said impolite things but did not threaten or express intent to continue any contact. In response her father tried to file an FIR against me, which the police station apparently declined. But yesterday they tried to send a legal document from my ex-wife's lawyer's office addressed to me, c/o my power of attorney (as I am staying abroad right now). Following a legal advice I received, I wrote my ex-wife another email on May 3rd 2018 apologising for the previous email I had sent & also touched upon the matter that caused the separation and apologised for that too. So now I want to know legally what kinds of cases could they file against me for just one email, where I clearly stated that I had to intent of continuing to write to her. The police did not seem to think this was a criminal matter, but if they go to the commissioner or the magistrate to file an FIR, would this hold any validity?
Hello,
If you have already apologized for the email that you sent, then I do not think so that there is any strong case that they can file on you.
You do not worry about any thing, and yes do not contact the ex-wife in future for any reason whatsoever.
Regards
Hi
Nothing much to worry over this matter.
They can file a complaint of threat against you at max.
But as you mentioned that you have sent an another mail with contents of apologies so I think you should relax and stay calm.
If they file something against you then also that would not create much trouble for you.
Thank You
Dear Cleint,
Expected cases are 498a IPC, maintenance case, case under protection of women from domestic violence act etc. Criminal case On the basis of single mail has no relevance, but allegations shall be paste in a manner, that mail will corroborate to false allegations of violence.
Casual approach of police to decline filling FIR, So don't be much confident. Your apology mail is after legal notice, so credence is low if case filed.
1) you have already apologised to your wife
2) police declined to register any FIR
3) it is doubtful whether any cases would be registered only on one email from you
Hi,
The contents of your email would play vital role for any action to be filed by your wife. Therefore to answer your query, the email would be required to be perused first and then only we can see if any complaint can be filed against you.
Thanks.
Mostly a NC will be filed against you. But they need to file a Complaint in Court for the same to pursue it further. However as you have apologised you don't have any defence of not doing the same. You don't have to worry till they file Complaint in Court. Exact sections can only be determined by the words and language used in the said email.
Dear,
as you stated that you already sent her a correction e mail. and police also not accepted their complaint.
Because everyone knows that this is a normal process after divorce and you apologized for that also.
This complaint is not maintainable in court also. This matter comes u/s. 499 ipc defamation.
But you apologized for this, it's a good thing you done. and don't repeat it again.
This could be termed as contempt of court incase she goes to the same court as you are legally divorced. another case she can file a criminal complaint in the court of magistrate under section 506 500 of IPC
1. On the basis of such rude and abusive e-mail no criminal case lies unless it was a threat which had the potential to be implemented soon.
2. So the effort of her father register the FIR is likely to be met with failure.
3. So your apology to your wife is enough to weaken his case if the Police anyway proceed to investigate the case.
4. However if the Magistrate direct the police to register the FIR then you can either seek bail or to apply for quashing.
Until the contents do not intend to any criminal activity namely extortion, threats or high handedness etc, there is nothing to be afraid of it.
There is no question of even defamation since it is a private mail.
If you are sure that you have not indulged in any criminally motivated acts by sending that mail, you dont have to be worried especially when you have already expressed your apologies regretting your mistake and also have expressed that it was just an outburst due to the disappointment that cause due to the divorce.
If they still proceed, let them, you can challenge the same legally when it comes, until then you may remain silent without provoking her any further, moreover if her father is doing all these, it is not maintainable in law because it isn't he who is affected.
In the mutual consent petition, if both of you agreed and undertook that both of you will not file any further litigation regarding the marital disputes then you need not to worry. Otherwise they may try to file a domestic violence and dowry harassment case against you.In respect of the email quarry is concern, they might have approached the police to register the complaint for threaten and criminal intimidation by which they refused. Now they may file a private complaint before the magistrate to register the FIR for the alleged email threatened. Without hearing your side the court wont pass any order. So, if u received a summon from the court, contest the case by engaging an advocate and you will definitely succeed the case.
1. you have already written a subsequent email to make amends to what you wrote to your ex-wife in your previous email
2. that is the end of it.
3. even the police has declined to register any FIR
4. but just ascertain from your power of attorney holder about the documents that were sent by your ex-wife's lawyer
5. never refuse to accept any document which is sent by post.
6. there are chances that they may file a complaint with the cyber crime department of police since the offending communication was sent by you via email. but your subsequent email sorts things out. so there is nothing to freak about
7. if at all you receive any summons from the police, you just need to explain that whatever you wrote was simply out of frustration towards your ex-wife and nothing mentioned therein was ever intended. the police in such cases generally issues a warning and lets the person go off. so do not worry
Your father in law have no right to proceed any kind of legal proceeding against you on the basis of those messages because according to Indian Evidence Act every conversation between the husband and wife is privileged conversation and court cannot admit this kind of conversation as an evidence in any legal proceeding therefore no legal proceeding can be initiated on the basis of these conversation. Section 122 of the Indian Evidence Act specially made this kind of evidence inadmissible therefore legal proceeding cannot be initiated on the basis of these inadmissible evidence.
To give you a concrete answer to your question, one will have to read the alleged derogatory/hurting reply that you wrote to your wife.
Having said the above, there does not seems to be any strength in the Complaint of your wife, and that was the reason why the Police personnel accept the lodge a FIR in the matter.
To explain it a bit more - The letter did not contain any threat, intimidation or intent to harm directly or indirectly.. - Police just had a talk with me about this, asked me not to repeat it & when I asked if I was required to issue an apology, they said it might not be required. - My power of attorney (POA) was only for the purposes of the divorce formalities. Now that it has been more than 4-5 months since divorce order has been passed, I do not have a POA anymore. - The notice was attempted to be delivered at my POA's address but my POA refused to sign for it & asked for it to be returned after seeing that it was from my ex-wife's lawyer's address.
There is no need to worry then.
The notice will be deemed to be undelivered.
Regards
Hi
It was a correct move of your POA to refuse to sign the receiving of the notice.
Your POA have experied
As per your description you don't have to worry about anything.
Stay cool and calm.
There z nothing against you.
Thank You
You need not worry as letter did not contain any threat , intimidation or intent to harm
Ohh then it's good that police let you go with a warning
But ur PoA holder ought to have received the post parcel, even though he is no more your authorised representative
There is nothing to be worried bout it anymore until you rekindle it.
Dont take any action in defence also about this, they may not follow-up this issue if they come to know that you are not going pursue this anymore and kept away from this after tendering your apologies.
Any follow up from your side in the name of further apologies would bring problems to you, hence you can keep off from this and remain silent
No problem let it be sent to your overseas address if the opposite party wish to do so.
There is no harm if your POA holder receives such notice.
Once you come to know about the contents of such notice you should send a reply on befitting terms.
Yes, even after the divorce people may contact one and the other as time passes.
Here, the case was of mutual one which shows the level of understating to get separated of both.
There is nothing which you have done as wrong.
Dear Querist
No need to worry, there is no cognizable case has been made out.
in future, try to forget her and discontinued the communication by any mode.
if they go to the commissioner or the magistrate then also the criminal case will not be registered.
Feel Free to Call
Hello sir,no criminal action or FIR can be registered on a mere communication..However if it contained any defammatory content she can rgister a FIR iiIPC r 354
FIR under 354 IPC for outraging of women modesty
Just relax now. I don't think any issues will crop up now.
POA holder was appointed to fight divorce, his role over, due compliance of notice cannot be assume.
1. Both the steps taken by you i.e. first sending an unacceptable email to your wife and then apologising for the same by sending an ema when your POA holder had received the lawyer's notice from her.
2. Actually you have admitted your unlawful or improper act by apologising for your said act without leaving any rooom for showing some excuse for the said improper email sent to her.
3. Actually, ordinarily lawyers will not wish their clients to apologise thus admitting their wrong act. They try to find out ways to legitimise the said improper act of their clients.
4. Without seeing the content of the mail, it is difficult to predict what criminal charge she can bring against you.
5. If it is a very ugly letter defaming, harassing, torturing, abusing her or for attempting to outrage her modesty through the said letter then she can file a Writ Petition before the High Court praying for a direction upon the police to register FIR against you, investigate and act as p[er law based on her said complaint and your said apology letter will stand as an admission of guilt on your part.
1. The mail sent by you is a wrong step which can bring penal action against you depending on the content of the mail. However, sending apology mail is a greater mistake since by sending the apology mail, you have admitted your wrong action taken on her who stands no body to you now.
2. When you do not have a POA then why did you send the apology letter to your ex-wife based on the letter sent by her lawyer to your POA?
3. When your POA holder had refused to receive the said letter issued by her Advocate, how did you get the same and apologised/ Is it that without receiving the said lawyer's notice and seeing the contents mentioned therein, you have apologised from your wife? You are required to see what is written in the said lawyer's notice for acting or reacting on it.
Hi,
You are suggested to send reply of the letter/notice and strongly deny the allegations.
1) Actually one shouldn't have to keep relationship after mutual consent divorce. However now the matter is sorted out so don't entertain her in future.
Dear Sir,
Firstly there is no wrong committed by you since out of ex relationships between you might have wrote such a letter. The police have already rejected to registered in FIR. Even if registered in Future or a private complaint if registered by the Magistrate then you just approach High Court and get a stay easily depending upon present status of mutual divorce between you.
