How to Send Legal Notice for Divorce? (Video Inside)
Divorce Procedure in India is governed by various prevalent divorce laws, and the divorce process can be initiated on the grounds provided under it. The procedure for divorce in India is almost similar for all religions but, the grounds of divorce varies. Under the divorce laws, either partner can send a legal notice for Divorce to the other, but how to send one? You will find it out in the video below.
By Abhishek Thakkar in Divorce
Dec. 11, 2018, 5:39 p.m.
- 438 Views
Since there is no fixed procedure to send a legal notice for divorce, so it can be sent either through registered post or can be personally tendered to the husband/wife. Either of the spouses is expected to acknowledge the receipt of this legal divorce notice.
In marriage, to send legal divorce notice in India should be the last resolve to end a conflict, but many couples today act impulsively, sometimes without knowing that there is a legal notice format for divorce to be followed.
According to law, one should always send a legal notice for Divorce after marriage in a specific format and think a lot before taking this step, since divorce means the end of marriage and the after effects of this decision can be very traumatic.
The spouse can send a legal notice for Divorce to the other spouse communicating his/her intention to undertake legal proceedings against the other party. Since legal notice is a formal communication sent by one person to the other, warning them before taking any legal action.
So, when a legal divorce notice in India is sent, it conveys any of the parties’ intention prior to the legal proceedings and thus, makes the party aware of the grievance.
In the marital life of a couple when the disputes are going beyond control, either spouse can even use this as a way of sending a legal notice for divorce, to put some sense into the other.
It has been seen that number of times, a well-served legal notice brings the other party on heels, and the problem gets resolved out of court with fruitful discussions and mutual understanding on both sides.
However, in such case as well, the other party also has the option of sending a counter-reply to legal notice for divorce.
It is pertinent to mention here that such legal notice must be drafted by a competent legal practitioner and should cover all the aspects, such as:
how the actions of the opposite party are contrary to law
what legal rights are available to the sender of notice which can be used against the opposite party.
The limitation period should be mentioned in the legal notice or in the reply to legal notice for Divorce.
In some of the cases, legal notice from wife to husband is also applicable in divorce proceedings.
Table of Content:
A Legal Notice for Divorce Must Contain These Following Points:
Name, description, and place of residence of the sender of the notice.
Details of the cause of action.
The relief claimed by the sender of the notice.
The gist of the legal basis for the relief claimed.
Steps to Draft a Legal Notice:
The legal notice must be drafted in the letterhead of an Advocate which is to be specific and proper.
It should contain the addresses and contact details of the advocate.
The said legal notice should contain all the communication details of the sender, such as name, contact number, address, etc. on whose behalf and under whose instructions the notice has been written.
It should be clearly mentioned in the notice how your right has been infringed due to the act or omission of the opposite party and for that what you want from him.
The specific direction must be given to the opposite party and time limit must be given.
The notice must be signed with date by the Advocate.
Format for Drafting a Legal Notice for Divorce:
Let us now look into the legal notice format for divorce. We have a sample legal divorce notice for you that will show the format to be followed. Such formats are also available online in pdf format.
Suggested Read: Legal Notice for Recovery of Money
Steps for Sending a Legal Notice for Divorce:
At first contact a lawyer who has good drafting skills and technical know-how in the field of Divorce Law.
Send a legal notice for Divorce stating the facts and issues that are causing a disturbance in the marriage of the couple.
Make sure to send the notice to the person concerned against whom the party has its grievance.
The notice can be sent either in English or in any other Indian language which is spoken and understood by both the parties, although usually, English is the preferred choice for most of the educated and sophisticated clients.
In your consulting session with the lawyer, you should explain all the relevant information in details along with:
the names of parties involved,
dates when commitments were made and not honoured,
challenges and issues faced,
any previous attempts at dialogue, etc.
Your lawyer carefully studies the information you have shared and, makes the relevant and required notes in the conversation with you. He/She will seek any additional information from you, if required he/she is required to finish drafting of the said notice.
The lawyer then drafts the notice in the legal language where:
He/She clearly mention the reason behind sending the notice,
All previous communications regarding the cause of notice
To offer the addressee/opposite party a reasonable time (usually 15 to 30 days to settle the matter through negotiation and by performing the desired action of his clients i.e. yours).
You can also send a legal notice for Divorce specifying a certain time period as per your terms and convenience.
Depending on the grievance, usually the lawyers, on behalf of the client sending the notice, stress on the need for an action to be taken in the stipulated period of time to either fulfil the demand or seek a reply.
The notice is duly signed by the lawyer. It is either sent via registered post or speed post or courier, and the acknowledgement is retained. A copy of the said notice is retained by the lawyer concerned.
The expectation is that after the notice is received by the other party, they will reply back. But, as a standard (and often, the best) practice, the lawyer calls up the other party in some time.
Ethically, it’s a good practice to follow. Especially in cases of husband-wife conflicts, one should usually call up the person (to whom the notice is sent), requesting to come up for counselling or a discussion, and try to resolve matters out of court.
You can send a legal notice for Divorce after discussing with the client. Such legal notice will be issued by an advocate on behalf of his/her client for the purpose of soliciting a settlement.
The legal notice to a wife for divorce and vice versa once served cannot be refused by the receiving party.
Legal Notice to Wife to Come Back:
If the wife, without any reasonable excuse, leave the husband or the matrimonial home the aggrieved party i.e. the husband, may approach the Court for restitution of conjugal rights.
The husband can send a legal notice to the wife to come back. But before filing the suit for restitution of conjugal rights before any civil court in India against his wife, the husband can send a well drafted legal notice to her and give her an opportunity to return to him.
The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution.
The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.
However, if the decree of restitution of conjugal rights is not honoured for a period of more than one year subsequent to the date of the decree, it becomes a ground for divorce, and the husband can then directly send divorce notice to wife, with the help of a good divorce lawyer.