Divorce Notice
Divorce procedure is governed by various laws/Acts prevalent in India. Divorce in India can be initiated by any of the party as per the grounds provided under the relevant laws prevalent in India. Generally among Hindus, Buddhists, Sikhs and Jains, Divorce is governed by the Hindu Marriage Act, 1955, for Muslims by the Dissolution of Muslim Marriages Act, 1939, for Parsis by the Parsi Marriage and Divorce Act, 1936 and for Christians it is governed by the Indian Divorce Act, 1869.
Section 13 of the Hindu Marriage Act, 1955 covers the provision of mutual consent divorce as well as other provisions. Divorce can be filed with mutual consent, or it can be filed by either husband or wife without the consent of the other.
Under various Divorce laws prevalent in India, either partner can send a legal notice for Divorce to the other. So sending a legal notice is the first step to be taken before starting any legal proceedings to make aware about the conflict between the parties (if any)/ or it is last sort of medium to resolve/end the conflict between the parties.
Legal notice is a formal communication sent by one party to the other, warning them before taking any legal action further and communicating his/her intention to undertake legal proceedings against the other party and make the other party aware of the grievance.
Generally legal notice is send by Legal Attorney in the name of his/her client either via registered post or via Dasti (personally tendered notice to other party). Law has not defined any specified format of legal notice to be send to the party but Attorneys general follow a standard format for the same. While drafting legal notice Attorney has to be very careful since divorce means the end of marriage so it needs to mention proper details of the conflict between the parties or any chance to resolve it further. Numerous times it has been witnessed that, a well-written and well-served legal notice brings the other party on heels, and the problem gets resolved out of court via mutual discussion and understanding between both the parties.
But in some cases, other party sometime also reply to the legal notice/counter reply expressing their grievances or if chances of any resolution. After expiry of the timeline/notice period mentioned in notice, the party can proceed to file the Divorcee Petition.
It is pertinent to mention here that such legal notice must be drafted by a competent legal practitioner and should cover all the relevant aspects/contents.
If your husband or wife sends you legal notice of divorcee on wrong basis and you don’t want to proceed for divorcee, you need not be scared from Notice for divorce. If the notice is based on wrong grounds you can reply to the legal notice through Attorney mentioning correct details and you need to be prepared to defend divorce case filed by your spouse, by adducing evidences in your favor which shows that you have not done anything wrong/cruelty of any sort to your spouse which lead him to file divorce petition. In case of any act of violence or any wrong doing you can also file complaint to police officials or women cell under domestic violence act, against your husband, as well as under Section 498A of Indian Penal Code. You may also seek maintenance for you and your children from your husband, by filing maintenance petition under Section 125 Code for Civil Procedure.
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Various laws prescribed in India under which you can file divorcee by mutual consent are.
Our services:
Our comprehensive range of end-to-end solutions includes following:
*Any fee, stamp duty and miscellaneous charges shall be payable extra.
Do contact us in case of any query related divorce and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.
There are certain conditions/requirements that have to fulfil to seek divorce under Hindu Marriage Act which is as mentioned below:
An NRI couple as per their own wish can file a Divorce either in the foreign country where the couple currently inhabit or in India as well. Divorce Petition in foreign court to be passed as per laws/procedure followed in respective country.
You can get a divorce even if your wife does not want it. You can mention in the petition about the issues between the parties and that your marriage has been going through an irretrievable breakdown and it is not possible to fix o resolve the issue.
You really cannot stop the divorce proceedings but you can ask court to direct for counseling for you and your spouse.
No, one can file divorce only after completion of 1 year of marriage on the basis of grounds mentioned in Section 13 of Hindu Marriage act.
You can file divorce only after completion of 1 year but you can approach local family court for annulment of marriage on basis of cruelty
No, there is no provision to file divorce through online medium. Although you can execute POA in favour of your family member or attorney who is present in India
Yes, you can file divorce on basis of desertion and if you have not heard about person from last 7 years.
In case of contested divorce, it taken long time generally 3-5 years but in case of uncontested one, it takes around 7-8 months.
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