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Legal Notice For Divorce

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Legal Notice For Divorce

A Legal Notice is a “notice” which indicates your intention to your opponent that legal action can be taken against him /her if the demand has not been fulfilled.

Why Legal Notice shall be served

  • It saves money and time both
  • It gives information or prior acknowledgement to the other party against whom the notice has been served that a suit may be filed in case of failure of the demand.
  • It is a legal requirement also for the initiation of the suit.

To know more about the legal proceedings related to divorce in India or how can legal divorce notice send, please contact our experts on LawyerInc.

There is no fixed procedure for sending a legal notice for divorce. It can be sent by registered post or personally. Legal divorce notice receipt shall be expected to acknowledge.

In India, sending a Legal Divorce Notice is the last try to end the conflict. There is the proper format for the legal divorce notice which shall be followed.

Before sending of Legal Notice for Divorce, a format shall be checked, and that person should think before taking this step since divorce means the end of the marriage.

Legal notice can be sent by the spouse to each other as it communicates their intention, which may give chances for reconciliation. When marital life is in problem,legal notice is a warning before moving to the step further in the court.

It has been noticed that a well-served legal notice helps to resolve the problem without going to the court.

Important points which shall be in the notice

  • Name and address of recipients and sender
  • Subject matter
  • The relief claimed by the aggrieved party
  • Legal basis for relief

Steps to be taken while drafting a legal notice for Divorce

  • The Legal Notice for divorce shall be in specific and proper format, and it should be drafted on the letterhead of Lawyer.
  • Name and address of an advocate should be there.
  • Details about sender should be mentioned in a legal notice under whose instructions and on behalf of the notice has been written.
  • Legal notice shall contain a description of the issues which leads to taking this step.
  •  Prayer or relief shall be mentioned there with time limit for reply
  • It should be signed by a Lawyer.

Procedural steps for sending Legal Notice for Divorce

  • Contact a good Lawyer who has sound knowledge about divorce matters and expertise in this law and has good drafting skills.
  • Facts and issues shall be clearly mentioned in the legal notice.
  • There should be grievances against the person whom the party is sending a notice.
  • It can be sent in any language which both the parties can read, write or understand.
  • A lawyer should gather all the related information related to the subject matter and should draft notice after that.
  • Legal Notice should be in Legal Language.
  • All the previous communications shall be mentioned in the Legal Notice.

Usually, the lawyers, who send a notice on behalf of the client, should mention and focus on the time period for fulfillment of demand or reply of the legal notice for divorce.

Legal notice for Divorce can be sent after discussing with the client. Such legal notice shall be issued by an advocate on behalf of his/her client for the purpose of soliciting a settlement.

The legal notice once served to the party cannot be refused by the receiving party.

In the matter of husband and wife conflict, its always advisable to send legal notice before proceeding to the court, and shall request to come up for discussion to resolve the matter .

Legal Notice to the Wife to return back home

If the wife is staying separately, without any reasonable excuse, and leave the husband or her matrimonial home, then in this case, the aggrieved party, i.e. the husband may go to the Court for restitution of conjugal rights.

The Legal Notice can be sent by a husband to the wife to come back before filing the suit for restitution of conjugal rights, which gives her an opportunity to return to him.

Restitution of conjugal rights decree cannot be executed forcefully . it means that if a person is unwilling to stay with the other, then decree cannot force.

However, if the decree is not honoured for a period of more than one year, then it becomes ground for divorce. Then the husband can send a legal notice for divorce directly.

Frequently Asked Questions

  • 1. When can I send Legal Notice for Divorce?

    If you are not happy with your marriage and there are complications in your marriage, and you are unwilling to stay with your spouse, then you can send legal notice to your spouse.

  • 2. On what grounds I can take divorce if we both are Hindu?

    You can take divorce on the basis of Cruelty, adultery, desertion, conversion, mental disorder, communicable diseases, Renunciation of the world, a presumption of death, etc.

  • 3. On what grounds Muslim women can send Legal Notice for Divorce to her Husband?

    Muslim women can also send a legal notice for divorce or eligible for divorce on these below-mentioned grounds:

    (i) If the husband is not known for 4 years.

    (ii) If the husband is not providing maintenance for 2 years

    (iii) If the husband has been sentenced for 7 years or more.

    (iv) If the husband has failed to perform his marital obligations for a period of 3 years.

    (v) If the husband is Impotent

    (vi) If the husband is suffering from Leprosy or any communicable

    (vii) If she got married before 15 years of age and repudiated the marriage before attaining the age of 18 years and the marriage has not been consummated.

    (viii) that the husband treats her with cruelty

  • 4. Is there any proper format for the Legal Notice for Divorce?

    Yes, Legal notice shall always be sent after consulting a good lawyer, and it should be in a proper and specific format. For detail, you can contact us on LawyerINC.

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