Divorce in India can be initiated by any of the parties as provided by the law. Different religions have different laws for divorce in accordance with their own religion. However, every divorce proceeding in the Court of law starts with sending the Divorce Notice. Sending a legal notice is a formal way of communicating to the other party one’s intent to divorce, or as a warning and at the same time the last chance to reconcile.
In case you are in a different state, while your partner is staying in a different state, notice can be sent from your current residence. Say, for example, you are staying in Mumbai while your spouse is staying in Chennai, you can send a legal notice from your residence to your spouse either on your own or through your Divorce Lawyer In Mumbai
Legal Notice for divorce-
A legal notice is a formal communication to the opposite party in a case, informing him/ her of one’s intention to divorce. Thus, a Legal Notice is a formal intimation by one party to the other of his/ her intent to initiate the divorce proceedings.
Procedure- there is a well-established procedure under the law for sending a Legal Notice For Divorce. The following steps should be taken into notice while filing for divorce-
1. The most important step before sending a legal notice is to appoint a divorce lawyer who is experienced and has good drafting skills and technical knowledge related to the field of divorce law.
· Thus with the advice of the advocate, legal notice stating the facts and issues causing problems in the marriage of the couple should be drafted.
· It should be made sure that the legal notice should be sent to the spouse of the person sending the notice for divorce.
· Notice should be in the language which is understood by the parties.
2. While consulting the lawyer one should explain all the details related to the information involving-
· Names of both parties
· Address of both parties
· Challenges and issues faced during the course of the marriage
· Any previous attempt to reconcile.
3. After relevant information has been imparted the lawyer is supposed to carefully study the case and make relevant notes regarding the information provided to him, he may seek some other information, based on which a final draft is prepared.
4. Then legal notice is prepared by the advocate in the legal language as per the guidelines provided by the law. A legal notice thus shall contain-
· Reasons for sending the notice
· All the previous communications regarding the cause of notice
· A reasonable time period provided to the addressee to reply to the notice (from 15-30 days approx.)
5. The legal notice so sent shall include the signature of the lawyer sending it. It is then sent by a registered post or the courier, whose receipt shall be kept by the party sending the notice for further legal proceedings.
6. The party who has received the notice shall reply back to the notice either by themselves or through a Divorce Lawyers In Chennai within the time period mentioned in the notice.
If the reply is received by the aggrieved party, he/ she can decide to either resolve the matter or file a divorce petition if they wish to terminate their marriage.
How is a legal notice drafted?
The legal notice is drafted on the letterhead of the lawyer.
It shall contain the communication details of the sender such as name, contact number, address, etc. On whose behalf the notice has been written.
The notice shall also content the name and contact details of the advocate.
The signature and date of signing by the advocate shall also be there.
The notice shall also contain specific directions for the opposite party along with the time limit for the reply.
Also how the legal rights of the aggrieved party have been infringed shall also be mentioned in the notice.
What does a legal notice contain?
Legal notice must include the following-
Name, description, and address of the sender.
The cause of action shall be explained in detail.
Relief claimed
Legal basis of the relief claimed.
After a legal Notice has been sent?
As per the circumstances of the particular case, the parties could either solve the case by mutual discussion or they could file for the divorce in court.
Several Acts have been passed by the legislature in accordance with the various customs and practices of different religions in the country-
Hindu Marriage Act for divorce amongst Hindus, Sikhs, Buddhists, and Jains.
Dissolution of Muslim Marriages Acr, 1939 and Muslim Women (Protection of right s on Marriages) Act,2019 for Muslims
Paris Marriage Act,1936
Indian Divorce Act,1956 for Christians
For all inter-community and civil marriages, divorce is provided under the Special Marriage Act, 1956.
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