Legal Notices
Legal Notice
Under various Divorce laws prevalent in India, either partner can send a legal notice for Divorce to the other. So sending a legal notice is the first step to be taken before starting any legal proceedings to make aware about the conflict between the parties (if any)/ or it is last sort of medium to resolve/end the conflict between the parties.
Legal notice is a formal communication, warning them before taking any legal action further and communicating his/her intention to undertake legal proceedings against the other party and make the other party aware of the grievance.
What is a Legal Notice for Divorce?
A legal notice refers to a formal communication sent by one party to the other or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal intimation by one party to another of his/her intention to initiate divorce proceedings against the other.
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.
How to send Legal Notice for Divorce?
- Thereafter, with the help of the lawyer, a legal notice that states the facts and issues that are causing disturbance in the marriage of the couple seeking divorce must be drafted.
- It should be made sure that the legal notice is addressed to the person against whom the party wants to file a divorce case.
- The legal notice must be drafted either in English or any other language which is spoken and understood by both the parties to the divorce.
- Names of the parties seeking divorce
- Addresses of both the parties
- Dates when any commitments were made and not honored causing disturbance in the married life
- Challenges and issues faced in the marriage
- Any previous attempts of conciliation
3. Once all the relevant details are shared with the lawyer, by the parties to the divorce, the lawyer is supposed to carefully study the information shared with him/her and make relevant notes regarding the case based on the conversation with the client. He/she may seek any additional information from you, in case any of that is required to finish drafting of the said notice.
4. The lawyer then drafts the notice in the legal language as per the standard guidelines prescribed by law to draft a legal notice and any such notice must contain:
- Reasons behind sending the notice.
- All the previously held communications and conversations regarding the cause of notice.
- A reasonable time period for the addressee or the opposite party (usually 15-30 days to settle the matter through negotiation and by performing the desired action of the client). Depending on the grievance, usually the lawyers, on behalf of the client sending the notice, stress on the need for an action to be taken in the specified period of time to either fulfill the demand or seeking a reply to the legal notice.
5. The legal notice must be duly signed by the lawyer drafting it. It is then sent to the party concerned via registered post or speed post or courier, and the acknowledgment of the same is retained. Also, a copy of the said notice is retained by the lawyer concerned.
6. The party receiving the legal notice must reply back to the notice within the time period mentioned in the notice. However, if the party does not reply, appropriate action as stated in the legal notice can be taken by the party that has sent the legal notice.
Need to send a Legal Notice to your partner Connect with an Expert.
Steps to Draft a Legal Notice
- The legal notice must be drafted in the letterhead of an advocate, which is to be specific and proper
- It should contain the addresses and contact details of the advocate
- The said legal notice should contain all the communication details of the sender, such as name, contact number, address, etc. on whose behalf and under whose instructions the notice has been written
- It should be clearly mentioned in the notice how your right has been infringed due to the act or omission of the opposite party and for that what you want from him
- The specific direction must be given to the opposite party and time limit must be given
- The notice must be signed with the date by the advocate
- The notice must be signed with the date by the advocate
Legal Notice for Divorce Must Contain These Following Points
- Name, description, and place of residence of the sender of the notice.
- Details of the cause of action.
- The relief claimed by the sender of the notice.
- The gist of the legal basis for the relief claimed.
Legal Notice to Wife to Come Back
If the wife, without any reasonable excuse, leave the husband or the matrimonial home the aggrieved party i.e. the husband, may approach the Court for restitution of conjugal rights.
The husband can send a legal notice to the wife to come back. But before filing the suit for restitution of conjugal rights before any civil court in India against his wife, the husband can send a well drafted legal notice to her and give her an opportunity to return to him.
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.
What If You Received A Notice Of Divorcee But You Do Not Want To Proceed For Divorce?
If your husband or wife sends you legal notice of divorcee on wrong basis and you don’t want to proceed for divorcee, you need not be scared from Notice for divorce. If the notice is based on wrong grounds you can reply to the legal notice through Attorney mentioning correct details and you need to be prepared to defend divorce case filed by your spouse, by adducing evidences in your favor which shows that you have not done anything wrong/cruelty of any sort to your spouse which lead him to file divorce petition. In case of any act of violence or any wrong doing you can also file complaint to police officials or women cell under domestic violence act, against your husband, as well as under Section 498A of Indian Penal Code. You may also seek maintenance for you and your children from your husband, by filing maintenance petition under Section 125 Code for Civil Procedure.
CONSULT TO A MATRIMONIAL EXPERT
How to send Legal Notice for Divorce?
Since 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.
1. First and foremost, a lawyer, who has good drafting skills and technical knowledge in the field of Divorce Law, must be contacted.
- Thereafter, with the help of the lawyer, a legal notice that states the facts and issues that are causing disturbance in the marriage of the couple seeking divorce must be drafted.
- It should be made sure that the legal notice is addressed to the person against whom the party wants to file a divorce case.
- The legal notice must be drafted either in English or any other language which is spoken and understood by both the parties to the divorce.
2. While consulting with the lawyer, one should state all the relevant information in detail including:
- Names of the parties seeking divorce
- Addresses of both the parties
- Dates when any commitments were made and not honored causing disturbance in the married life
- Challenges and issues faced in the marriage
- Any previous attempts of conciliation
3. Once all the relevant details are shared with the lawyer, by the parties to the divorce, the lawyer is supposed to carefully study the information shared with him/her and make relevant notes regarding the case based on the conversation with the client. He/she may seek any additional information from you, in case any of that is required to finish drafting of the said notice.
4. The lawyer then drafts the notice in the legal language as per the standard guidelines prescribed by law to draft a legal notice and any such notice must contain:
- Reasons behind sending the notice.
- All the previously held communications and conversations regarding the cause of notice.
- A reasonable time period for the addressee or the opposite party (usually 15-30 days to settle the matter through negotiation and by performing the desired action of the client). Depending on the grievance, usually the lawyers, on behalf of the client sending the notice, stress on the need for an action to be taken in the specified period of time to either fulfill the demand or seeking a reply to the legal notice.
5. The legal notice must be duly signed by the lawyer drafting it. It is then sent to the party concerned via registered post or speed post or courier, and the acknowledgment of the same is retained. Also, a copy of the said notice is retained by the lawyer concerned.
6. The party receiving the legal notice must reply back to the notice within the time period mentioned in the notice. However, if the party does not reply, appropriate action as stated in the legal notice can be taken by the party that has sent the legal notice.
Need to send a Legal Notice to your partner Connect with an Expert.
STEPS TO DRAFT A LEGAL NOTICE
- The legal notice must be drafted in the letterhead of an advocate, which is to be specific and proper.
- It should contain the addresses and contact details of the advocate
- The said legal notice should contain all the communication details of the sender, such as name, contact number, address, etc. on whose behalf and under whose instructions the notice has been written
- It should be clearly mentioned in the notice how your right has been infringed due to the act or omission of the opposite party and for that what you want from him
- The specific direction must be given to the opposite party and time limit must be given
- The notice must be signed with the date by the advocate
- The notice must be signed with the date by the advocate
Legal Notice for Divorce Must Contain These Following Points
- Name, description, and place of residence of the sender of the notice.
- Details of the cause of action.
- The relief claimed by the sender of the notice.
- The gist of the legal basis for the relief claimed.
Legal Notice to Wife to Come Back
If the wife, without any reasonable excuse, leave the husband or the matrimonial home the aggrieved party i.e. the husband, may approach the Court for restitution of conjugal rights.
The husband can send a legal notice to the wife to come back. But before filing the suit for restitution of conjugal rights before any civil court in India against his wife, the husband can send a well drafted legal notice to her and give her an opportunity to return to him.
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.
What If You Received A Notice Of Divorcee But You Do Not Want To Proceed For Divorce?
If your husband or wife sends you legal notice of divorcee on wrong basis and you don’t want to proceed for divorcee, you need not be scared from Notice for divorce. If the notice is based on wrong grounds you can reply to the legal notice through Attorney mentioning correct details and you need to be prepared to defend divorce case filed by your spouse, by adducing evidences in your favor which shows that you have not done anything wrong/cruelty of any sort to your spouse which lead him to file divorce petition. In case of any act of violence or any wrong doing you can also file complaint to police officials or women cell under domestic violence act, against your husband, as well as under Section 498A of Indian Penal Code. You may also seek maintenance for you and your children from your husband, by filing maintenance petition under Section 125 Code for Civil Procedure.