How To Send Legal Notice For Divorce?


Posted On : April 19, 2022
How To Send Legal Notice For Divorce?
You have realized that you can not stay together with your spouse. You know that continuing this marriage has no sense left. You are already aware that things are supposed to come to an end. But who will initiate such discussion? And most importantly, even if you take the initiative, how to start? Know what is legal notice for divorce and how to send a legal notice for divorce in India.

If you have realized that your marriage has come to an end, divorce must be one of the many things going on in mind. And society considers divorce a taboo is the background music that fluctuates your strength every now and then. If you have made your mind and wish to initiate the legal proceedings, first attention must be given to divorce notice India rules. If you are the male counterpart, you must be having a doubt on ‘Can husband send divorce notice?’. Also, what can be the consequences of divorce notice sent to wife? If it is the wife, how to send legal notice to husband for divorce upholding all your legal rights? All such queries have been answered below considering the laws for divorce in India.

 

What is Legal Notice for Divorce?

A legal notice in general is the conveyance of intention to start a legal process against the receiver in the absence of any relief sought. Whether it is divorce or legal separation, the intention is expressly mentioned in the legal notice served. A legal notice for divorce clearly conveys that the spouse no longer wishes to continue the marriage, and the other party has the option to accept or reject the same. It is just an intimation before approaching the courts. Information on how to send legal notice to wife may not only include the format of legal notice for divorce in India but other legal consequences as well like alimony payable, matters of child custody, etc. However, all such aspects are not supposed to be included in the legal notice for divorce.

 

How to Send Legal Notice for Divorce?

If you are the wife who wishes to initiate divorce proceedings, knowing how to send legal notice to husband may help. At such times, consultation with divorce lawyers in India is the first step. They will have an in-depth discussion with you on the legal aspects related to such divorce notice India. The legal practitioners usually advise their clients to send the legal notice for divorce via post and retain the receipts. Otherwise, it is always a better option for the spouse to personally convey the divorce notice sent to husband or wife.

 

How do I Write a Legal Notice for a Divorce?

There is no specified format of legal notice for divorce as per the Indian laws. People usually wish to know how to send legal notice for divorce and what all should be included in the same. Should it also include terms of property distribution after divorce? However, there are certain things which should be there in divorce notice in India:

  • Name, description and address of the sender
  • Name, description and address of the receiver
  • Relation between the two and date of marriage
  • Details regarding the cause of action
  • Relief claimed by the sender
  • Conclusion of the relief claimed
  • Duration of notice
  • Consequences expected at the expiry of legal notice for divorce

The after effects like how to file divorce in Kolkata or anywhere else shall depend upon the reply against divorce notice sent to wife or husband. Thus, for that matter divorce lawyer in Kolkata or suitable locations should be consulted regarding all queries.

 

How to Send Divorce Notices Online?

There is no specific format of legal notice for divorce as per laws in India. However, serving a life partner with divorce notice in India is a formal process. As per the process followed, the answer to ‘how to send legal notice for divorce?’ is via post or by personally bringing the same in the spouse's notice. People often ask ‘Can Divorce Notice be Sent by Email?’ or send divorce notice online in India. But online modes also allow the user to archive, delete or transfer the mails in trash. In that case, the divorce notice sent to husband or wife may be denied in the court of law. However, if your spouse resides in a foreign country, the divorce advocate may allow the client to send divorce notice online india.

Consult with a lawyer in kolkata regarding divorce related matters.

 

Can I Send Legal Notice to Wife to Come Back?

Life in a marriage is as bumpy and adventurous as life in a metro. It is quite often when the wife leaves the husband’s house and stays at her maternal home. At such times, when the husband seeks legal advice, divorce lawyer in Kolkata or other places usually mention section 9 of the Hindu Marriage Act, 1955. The clients usually wonder ‘What is Section 9 of the Divorce Act for Hindus?’. The section provides for restitution of conjugal rights whereby one of the spouses is brought back to the company of another through court’s orders.

 

What if my Husband Gives me a Divorce Notice?

With a divorce notice sent to wife, the husband wishes to imply his intention to initiate divorce proceedings. If you are not ready for divorce and want to give your marriage a second chance, and that you believe that  divorce reasons mentioned in the notice can be worked upon, talk to your spouse. If you agree to the conditions mentioned in the legal notice for divorce, reply to the notice. If you also wish to seek divorce but do not agree upon the conditions present in the divorce notice sent by husband, convey the same.

 

What Happens if I Don’t Respond to Divorce Notice?

The divorce notice sent to husband or wife contains a deadline within which the receiving party has to revert. If you chose to remain silent, the usual format of legal notice for divorce also contains the consequences of such behavior. In general, such silence may lead to the spouse reaching out to court for legal remedies under provisions of divorce.

 

What Happens if I Reject Divorce Notice?

The intention behind divorce notice sent to wife or husband is to let the other party know about the intention to end the marriage. Another task is to either consider conciliation or separate amicably through divorce by mutual consent. Thus, rejection of divorce notice India may not bring any change to what may follow.

 

Conclusion

It is understandable that legal notice for divorce in India is just the first step towards ending a social institution called ‘Marriage’. If things are wrapped mutually, it is the best option for everyone involved. However, when relations break, they are seldom peaceful. Questions stick over the maintenance and alimony, the grounds for divorce if the other spouse rejects divorce notice. There is another battle over who gets child custody after divorce. The facts may vary from case to case. Thus, people searching how to send legal notice for divorce should always give their marriage a chance of counseling and mediation. If those do not work, the couple should also make attempts to end the marriage mutually.

Written By:
Ridhi Khurana

Ridhi Khurana

Gurgaon

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