• Wife wants in written

Wife has filed JS section 10 petition In March. She has put verbal mental and physical abuse in petition. Now she says she will withdraw it after I give sulenama writing I won't repeat mistakes I did in past. Otherwise she will move for divorce tomorrow. I really want ho save the relation. Please advice on giving this in writing.
Asked 3 years ago in Family Law
Religion: Hindu

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15 Answers

Hello,

  1. There is no problem in giving a written undertaking to your wife to withdraw her petition and you can resume your marriage. Please know that you are not signing up your death warrant. It does not matter you are admitting that you had made a few mistakes and you intend to reform.
  2. If you are afraid of consequences that follow, don' worry. No court can prosecute you on basis of an undertaking you provided. It is only your attempt to resurrect your marriage. Nothing untoward can happen without both parties involvement in a marriage. However, as you want to save your marriage, go ahead and sign an undertaking of no repeating mistakes. It is fine to do so. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Such kind of writing does not have legal importance.  So you can write anything. 

This are basically all useless and meaningless activities. 

Advice not to be considered as legal advice : 

It looks something odd between husband and wife. Better to try out some other means to gain her faith,  like promise in front of any idol of God/Goddess or in some temple. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

No need to bow down to pressure tactics 

 

2) don’t admit any mistakes 

 

3) take the plea that you want reconciliation but will not give anything in writing 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

You should listen to your family advice 

 

don’t admit any wrong doing on your part 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

  1. You need not give anything in writing unless the judge orders it. 
  2. There's a JS petition filed against you. I fail to understand, why are you seeking legal advice from parents / relatives. You must follow advice only of your counsel (advocate).  
  3. If you haven't appointed any counsel, you are committing a grave mistake. I'm willing to extend my legal services to you. However I need an exhaustive consultation session with you first. You need to visit me for that. I'm based in Mumbai /NaviMumbai just as you are; so it shouldn't be much difficult for you to visit me. 
  4. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1. If you give the same in writing then it will amount to admission of the fact that you cause verbal, mental  and physical abuse to your wife.

 

2. The said Sulenama can be used by her for getting decree of divorce.

 

3. You can execute the said Sulenama if you have full trust on your wife that she will not use it against you  for getting the decree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. If you give then also you might loose your matrimonial life since she can misuse it.

 

2. If you are not very sure that she will not misuse it, don't execute it.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1.  If she has filed the judicial separation case then you can fight it out properly denying her allegations.

If she is threatening to file divorce case, you can challenge the same on merits and refuse to give divorce even in mediation.

You can also go for a compromise with her as per her desire which would pave way for saving yor marriage.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

By giving in writing to compromise with her, you may not be losing anything.

She cannot enforce it in court of law at a later stage.

If your parents are against your marriage then you may have to decide whether  you want to save your marriage or to listen to your parents who are bent upon to spoil your married life.

The ball is in your court, you can play the game tactically and win the game or can even lose it if you play it without knowing how to play the game.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Dear sir,

 

It is never advisable to give such things in writing as they can be used against you in future legal proceedings. However if this is the only option for saving your and your wife is not agreeing to anything else you can give it in writing and be as vague as you can. Don't give specific details of alleged "mistakes". 

Also add a line smartly that you are keen to save your marriage and that is why you are giving this sulehnama. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Since the matter is pending before the court the mediation can take place at the court itself. As far as written assurances are concerned it is important that both the parties to the marriage fulfill their marital obligations. It goes without saying or writing that both the husband and wife have to take care of each other and not bring harm to each other.

Now, it matters that whether you accept or believe that you have verbally, mentally and physical abused her. If further you believe that it is only because of your mistakes such situation has arisen and you genuinely regret your actions then you may move ahead with giving in writing and save your marriage.

 

If you don't accept or believe that it is your mistake then you shouldn't get pressurized and give anything in writing. 

Sayyed Parvez
Advocate, Navi Mumbai
22 Answers
4 Consultations

4.9 on 5.0

1. You can give it in writing if you are ready to do so in order to save your relation.

2. It has no force in the eyes of law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

You can give in writing as she demanded and later you can take shelter under the ground that to safe your marriage and to get her love and affection you have executed such document under such forcible circumstances.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Querist

there is no requirement for any written documents, think if she is also ready to save this marriage then why only you are written all this bullshit.

think again and refused the same.

 

there is no purpose of marriage where a party of the marriage is in the situation to threaten the other party of the marriage, in the future, she may create more problems in your life, so it will be better to take a divorce and forget about saving this useless marriage.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Whatever you want to settle, settle before court with consent terms

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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