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How to Send Legal Notice for Divorce?

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.
Written by:
Prachi Darji
Published on
12-Sep-19

Since there is no fixed procedure to send a legal notice for divorce, 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 the legal divorce notice.

In marriage, to send a legal notice for divorce procedure 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 a 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 would a good decision before taking any legal action. 

So, when a legal divorce notice in India is sent, it conveys 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 the spouse can use this as a way of sending a legal notice for divorce, to put some sense into the other. 

It has been seen that in many cases, a well-served legal notice brings the other party on their heels, and the problem gets resolved out of court with fruitful discussions and mutual understanding on both sides. 

However, in such cases 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 aspects such as:

  • how the actions of the opposite party are contrary to law
  • what legal rights are available to the sender of the notice which can be used against the opposite party

The limitation period should be mentioned in the legal notice or in the reply sent to the legal notice for divorce.  

According to the Divorce laws in India, any party who serves his or her right to sue the opposite party never gets infringed. They can file the divorce suit after the expiry of the Notice. In some cases, legal notice from the wife to her husband is also applicable in divorce proceedings.

Steps for Sending a Legal Notice for Divorce

  • 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 against whom the party has filed the matter of 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
    • addresses
    • dates when commitments were made and not honored
    • challenges and issues faced 
    • any previous attempts at dialogue
  • 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 mentions 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 procedure 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 fulfill the demand or seek a reply.

  • The notice is duly signed by the lawyer. It is then either sent via registered post or speed post or courier, and the acknowledgment 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 counseling or a discussion, and try to resolve matters out of court.

You can send a legal notice for divorce after discussing it 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 a divorce and vice versa once served cannot be refused by the receiving party.

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 the date by the advocate
  • The notice must be signed with the 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 is also available in pdf format here.

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

Legal Notice to Wife to Come Back

If the wife, without any reasonable excuse, leave the husband or the matrimonial home, 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 society and from the person who institutes a petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. This practice has shown that the decree of restitution is a paper decree. 

However, if the decree of restitution of conjugal rights is not honored 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.

Where Can You Find a Good Lawyer?

With MyAdvo you get access to finding good lawyers, who are experts in sending a legal notice. All you have to do is just select one that matches your criteria like sending legal divorce notice. 

From over 10,000 lawyers spread across 500+ districts in India, MyAdvo gets you the finest legal minds of the industry right at your screen. Just express your query via mail on consult@myadvo.in or simply call us at +91-9811782573 to resolve any and every kind of legal problems. 

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