Legal Notice for Divorce

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How to Send Legal Notice for Divorce?

ince 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 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. Then how to 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.

Who Can Send A Legal Notice?

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.

What If Issue Doesn’t Get Resolve By Legal Notice?

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.

Legal Provisions Under Which Mutual Divorce Can Be Filed

Various laws prescribed in India under which you can file divorcee by mutual consent are.

  • Section 13B of the Hindu Marriage Act, 1955 (applicable to all Hindus, Jains, Sikhs) mandates a period of separation of 1 year ,
  • Section 28 of the Special Marriage Act, 1954 ( applicable to all marriages between parties belonging to different religions, castes, NRI’s etc) mandates a period of separation of more than one year,
  • Section 10 A of the Indian Divorce Act for Christian Couples mandates a period of separation of two years.

Jurisdiction For Filing The Divorce Petition In India

  • where the marriage was solemnized between the parties, or
  • where both wife and husband last resided together,or
  • where the wife is residing presently at the time of filing of the Divorce Petition, or
  • Where the husband is residing presently at the time of filing of the Divorce Petition.

What Are The Services Legalstartup Offers For Divorce?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for divorce,
  • We have expertise in preparing to file divorce notice and petition including drafting of the same
  • We will get in touch with you renounced lawyers in this field.
  • Free consultation for any enquiry that you may have about divorce.
  • Legal notice and Petition will be drafted by us and be duly submitted in the court.
  • We shall inform you of the date and time when your physical appearance will be required in court, if any.
  • We will inform you about day to day proceedings in the matter.
  • You will get your divorce done without any hassles.

*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.

FAQ

  • 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.

  • 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 really cannot stop the divorce proceedings but you can ask court to direct for counseling for you and your spouse.

Accordion ContentGST registration takes 4-7 working days for the entire process to complete and receive the GST number.

    • 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

  • 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.

  • Yes, you can file divorce on basis of desertion and if you have not heard about person from last 7 years.

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