How to Send A Legal notice for Divorce in Delhi?

Divorce rates in Delhi has been on a rise in the past 10 years. More than 100 divorce petitions are filed on a daily basis. In a marriage, sending a legal notice for divorce should be the last resort for ending the marriage. As divorce is very common these days, people tend to impulsively opt for divorce without any consultation for marriage. Since it does not have a fixed process, you can send the legal notice for divorce via registered post or it can be handed personally. The spouse has to acknowledge the receipt of the notice.

But according to Indian law, one has to follow a specific format for drafting a legal notice. Moreover you should have a thorough understanding of legal proceedings of divorce and its after-effects. Here in this article, we will have an overview on legal notice for divorce in Delhi and its legal proceedings and the process for sending legal notice.

Divorce

Divorce is one of the toughest decisions in a person’s life. And to add to this, it is a lengthy and costly affair, draining the couple both emotionally and financially. Even if the couples have opted to go for mutual divorce, they have to prove that they have been separated for a period of one year.

Divorce among Hindu, Buddhist, Sikh and Jain couples are governed by the Hindu Marriage Act, 1955, Muslim couples have to follow the Muslim Marriage Act, 1939, Parsi have to go by the rules under Parsi Marriage and Divorce Act, 1936 and Christian are rules by the Indian Divorce Act, 1869. All the inter-caste marriages are governed by the Special Marriage Act, 1956.

40 % marriages in Delhi and Mumbai are leading towards divorce said Justice Wasanti Naik of the Nagpur bench of Bombay High Court in 2016.

Process for sending a divorce notice in Delhi

The partner seeking divorce can send a legal notice to the other spouse communicating his or her intention to initiate the legal proceeding against the other party. This acts like a warning before taking any legal action.

Firstly, the party seeking divorce should contact an expert family lawyer who will draft the legal notice. He should state the facts and issue and send the notice to the person against whom it is filed. It can be drafted in either english or any other language which is understood by both the parties.

You have to mention the names of the parties involved, address of parties, previous communication details and issues. Additionally, you have to mention a stipulated period for fulfill the demand and seek reply.

It should be sent via registered or speed post or courier and the party should retain the acknowledgement.

Drafting Legal notice for divorce

Here is a step by step guide for drafting a legal notice:

• The legal notice has to be drafted on the letterhead of the advocate with all the details of the advocate.
• It should contain the communication details of the sender like the name, contact number, address, etc.
• It should clearly mention the issues faced by the party.

Divorce Notice Reply

When a divorce is initiated by one party, and he or she sends a legal notice for the same, you must reply to it stating your response. It is very important to correctly draft your response with the help of legal experts, doing so will level up your case and help you in the divorce proceedings.

the total time duration for getting divorce varies from case to case. If you are going for contested divorce, it takes around 18 to 24 months. If the parties have mutually decided for divorce, they go for mutual consent divorce which is complete in 6 to 18 months.

Conclusion

Getting divorce can be tricky, both husband and wife should follow the correct procedure. One should draft the legal notice with caution avoiding giving out key details which will hamper his or her case.

For information on legal notice for divorce in Delhi, contact our team at LawyerINC.