Vaidehi Samant

Responded 2 years ago

A.If yours is a contested divorce than yes you will have to issue notice before filing for divorce.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The purpose of the legal notice is to settle an outstanding issue before a case under the specified section is filed in a court of law. It is not compulsory to send legal notice in most of the cases and the party can file a case in the court as well. But formally this has been in practice.
If you find my answer helpful then kindly rate me.


Read a blog on Legal Notice https://www.vidhikarya.com/legal-blog/the-immense-value-of-legal-notice


Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
A legal notice is essentially a notice sent by an advocate on the behalf of his/her client. It is not even mandatory to send a legal notice as there is no specific provision/enactments of law that make it mandatory to issue a legal notice before filing a suit.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.It is not mandatory but discretion of the parties to either send or not to send a legal notice before filing a divorce case. The whole idea of sending a legal notice is to get a response from the receiver on some expectation but if you have already decided to file a case then there is no point in sending a legal notice or anything like that. You can straight way move on to file a case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconEx Parte - Set aside petition time limit
Dear sir By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
question iconDivorce - After tero certificate is there any procedure left to do
Dear Sir You have to consult local lawyer having knowledge about local laws which are some what different from laws prevailing in other parts of country.
question iconRegarding divorce
Dear Client, A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to fo...
question iconDivorce - I feel uncomfortable to follow their family norms
Dear Client, In the given scenario, if it is possible, you can opt for mutual consent divorce to get yourself relieved from all these trauma and ordeal, Section 14 of the Hindu Marriage Act, 1955 sta...
question iconis India Non Judicial e-Stamp divorce legally valid
Dear Client, Until and unless a decree of divorce is passed by a competent Court of law annulling a marriage even in mutual consent divorce, a divorce in any other form is not considered legally vali...