Legal Notice

for Divorce

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Overview

A legal notice in general is the conveyance of intention to start a legal process against the receiver. In indian marriage, to send a legal divorce notice should be the last option to end a conflict between a married couple. According to law, one should always send a legal notice for Divorce after marriagewith specific format and think a lot before taking this hard step, since divorce means the end of a marriage and this decision can be very traumatic.

How to Send Legal Notice for Divorce?

If you are the person who wishes to initiate divorce proceedings,Firstly know how to send legal notice to your spouse. At this times, consultation with specialized divorce lawyer in india is the first step. You should have an in-depth discussion with you lawyer and know the legal aspect . Normally,the legal practitioners usually advise their clients to send the legal notice for divorce via post and keep safe the receipts. Otherwise, it is always a better option for the spouse to personally convey the divorce notice sent to your spouse.

A well-defined process for sending a legal divorce notice mention below:

  1. First and foremost, search a lawyer, who is having good drafting skills and practical knowledge in the field of Divorce Law .
    • After that , with the help of the lawyer, draft a legal notice on the basis of a facts and issues that are causing problems in the marriage and the couple seeking divorce.
    • It should be make sure that the legal notice is sent correct adress.
    • The legal notice can be drafted either in English or any other language which is usually spoken , understood or allow in particular location by both the parties to the divorce.
  2. Make sure below given while consulting with the lawyer
    • Names and address of the parties.
    • Dates when issue occurs in the married life
    • Challenges and issues facing in marriage
    • Any previous attempts of reconstitute
  3. Once all the required details are shared with the lawyer, by the parties for the divorce, after that the lawyer will 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 for making final draft .
  4. The lawyer drafts the notice in the legal language as per the standard guidelines prescribed in law . such notice must contain:
    • Reasons behind to sending the notice.
    • All the previously communications and conversations regarding the cause of notice.
    • A reasonable time period for the opposite party (usually 15-30 days to settle the matter through negotiation,discussion and by performing the desired action of the client)., usually the lawyers, sending the notice on behalf of the client .
  5. The legal notice must be signed by the lawyer before sent to concerned party via registered post or speed post or courier, and the acknowledgment of the same is kept safe . Also, a copy of the said notice is retained by the lawyer also.

Legal Notice for Wife to Come Back Home

If the wife left the company of husband/matrimonial house, without any reasonable excuse,, he may approach the court for (RCR)restitution of conjugal rights.

The husband can send a legal notice to the wife to come back. But before taking any kind of legal action in India against his wife, it’s and ideallyt step for the husband to send a well-drafted (that should not contain any hard language) legal notice to her and give her an opportunity to come back home.

The decree of restitution of conjugal rights cannot be executed by forcing the party . The decree can be executed on the basis of attachments in relation. This practice has shown that the decree of restitution is a paper decree.

However, if the decree of restitution of conjugal rights is not honored for a period of more than one year subsequent to the date of the decree, it becomes a ground for divorce, and the husband can then directly send divorce notice to wife, under the guidance of divorce lawyer.

Procedure after a legal notice for divorce has been sent

If matter is not resolve after sending notice then ,the parties may file a divorce petition for divorce.

As India is a secular country ,With the advancement of time and social awareness, several acts/law have been passed by the indian legislature to make divorce procedure in India more progressive with respect to gender affairs and related issues. In India-

  • Divorce among Hindus, Buddhists, Sikhs, and Jains is governed under the Hindu Marriage Act, 1955;

  • Muslims are governed under the Dissolution of Muslim Marriages Act, 1939, Muslim Women (Protection of rights on marriage) Act, 2019;

  • Parsis under the Parsi Marriage and Divorce Act, 1936;

  • Christians under the Indian Divorce Act, 1869;

  • All civil and inter-community marriages are governed under the Special Marriage Act, 1956

  • In case the marriage has taken place between an Indian and a foreign national, the marriage is governed under the Foreign Marriage Act, 1969.

Therefore, based on the indian law one can file a divorce case and get separated from his/her spouse.

Matters : Child Custody Issue

Children are important for both mother as well as father but child custody in case of divorce is a very crucial stage .It is very difficult for the court to decide child custody because mother as well father both are important for growing a kid. For the sake of children, many times courts try to reconstitute the relationship .
Child custody laws in India are determined by the Guardian & Wards Act, 1890 as well as the personal laws of the various religions, similar to the divorce laws.

Hindu Personal Laws

The Guardian & Wards Act, 1890 and the Hindu Minority & Guardianship Act, 1956 determine the child custody laws for Hindus in India:

Muslim Personal Laws

The Guardian & Wards Act, 1890 determines the child custody laws for Muslims in India.

Christian Personal Laws

Custody issues under the Christian law are determined by the Indian Divorce Act, 1869 and the Guardians and Wards Act, 1890.

Parsi Personal Laws

Custody issues comes under the Parsi Law, the Guardians and Wards Act, 1890.
You must have best the top Child Custody Advocates in India if you are facing child custody issues.

Matters related to Alimony/ Maintenance

In India alimony is provided by one spouse to another after separation or divorce. Alimony may also be granted when one of the parties is dependent on the person and the dependent party is not being maintained by the other.

Under Section 125 of the Code of Civil Procedure, one of the parties may file a case for maintenance against the other party. The Court examine all given factors as property, assets and income of the husband, provides reasonable amount as maintenance to the wife.

Under the Domestic Violence Act, 2005 also a relief may be granted to the woman. The spouse has further rights to take back all items that had been given to her during the marriage and may also be granted compensation for any physical or mental cruelty suffered at the hands of the in-laws. The Court may also appoint an officer to keep a check on the woman when she is at the house of the in-laws.

Laws relating to alimony

Hindu Personal Laws

Under Section 24 of the Hindu Marriage Act, 1955, the husband and the wife may each claim maintenance from the other and the women get additional options under the Hindu Adoptions and Maintenance Act, 1956 to file for maintenance.

Muslim Personal Laws

The Muslim Women (Protection of Rights on Divorce) Act, 1986 and the Dissolution of Muslim Marriages Act, 1939 provide for maintenance to be provided to Muslim women. Muslim women have the right to get maintenance only for the iddat period.

Christian Personal Laws

Section 36 of the Act provides for similar laws as the Hindu Marriage Act.

Notice of Guideline Maintenance

If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person you are married to) is seeking or offering an award of “Maintenance” in this action. “Maintenance” means the amount to be paid to the other spouse for support after the divorce is final.

You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to $203,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.

There are two formulas to determine the amount of the obligation. If you and your spouse have no children, the higher formula will apply. If there are children of the marriage, the lower formula will apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.

Lower Formula 1-Multiply Maintenance Payor’s Income by 20% . 2- Multiply Maintenance Payee’s Income by 25% . Subtract Line 2 from Line 1: = Result 1 Subtract Maintenance Payee’s Income from 40 % of Combined Income* = Result 2. Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero. THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA Higher Formula 1-Multiply Maintenance Payor’s Income by 30% 2- Multiply Maintenance Payee’s Income by 20% Subtract Line 2 from Line 1= Result 1 Subtract Maintenance Payee’s Income from 40 % of Combined Income*= Result 2 Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA *Combined Income equals Maintenance Payor’s Income up to $203,000 plus Maintenance Payee’s Income.

Note: The Court will determine how long maintenance will be paid in accordance with the statute. (Rev. 3/1/22)

Why lawyer’s guidance require sending a divorce notice?

Divorce is a stressful process for everyone .Hiring a lawyer can be a way to reduce the stress of the divorce. While the lawyer will need to gather information from you regarding the case, he or she will also take care of all the paperwork. An experienced divorce attorney can give you best advice , how he/she will handle your divorce pettion. You can also use Legaltax service to get free advice on your case from expert divorce/matrimonial lawyers, and get relief quickly as possible.

FAQ's

Yes, serving notice is formal of ideal process.

There is no minimum period of separation for filing of divorce case.In the contested divorce case only one condition is that u can filed divorce case after 1 year of your marriage.

If you do not receive notice then court will consider it as refusal and it will be deemed that summons are served and the court may proceed ex-parte. you may face problems if ex-parte proceed.

If the wife is not ready for mutual divorce you can go for one sided divorce on the basis of cruelty. You should filed petition under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

It’s ideal to both the parties should wait at least for 90 days before tying knot with some other person.

A legal notice is filed under Section 80 of Code of Civil Procedure, 1908 and is only filed in civil nature cases. If the legal notice remains undelivered because the party refuses to accept it, then it goes against him and ex- parte order can be passed.

It’s a way to conveys the intention prior to the legal proceedings, thus, making the other party aware of grievance.

Read the contents of the Notice carefully and see if they are true or False.Check the Time period within which the Notice has to be replied.consult with the lawyer.

Divorce by mutual consent

Yes! You can send a legal notice without a Lawyer, but it is advisable to consult with lawyer as professional writing skills and legal language makes a Notice very effective.
Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

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