What is a Legal Notice for Divorce?
In divorce cases sending legal notice is the very first and crucial step in its proceedings. Divorce legal notice is basically an intimation from one party to another to tell them the intent of seeking divorce. It is a formal communication which outlines the grounds of divorce and the intention behind it. Divorce is basically the marriage dissolution process and in law it is a civil dispute. Section 13 of Hindu Marriage Act gives the provision for divorce which specifies its ground and various clauses which cover specific circumstances under which divorce can be sought.
There is no fixed legal procedure for sending legal notice in divorce cases, it can be send through registered post or can personally be given to the opposite party say it as husband or a wife. The opposite party receiving notice is expected to acknowledge the receipt of the legal divorce notice.
Generally, in India sending a divorce legal notice is considered as a warning before going into the legal proceedings and it is done so to give some sense to the opposite party and make them aware of the grievance. Sending legal notices is also important for record keeping and set a timeline for response.
What are the Different Types of Divorce Notices in India, and When are they used?
There are generally two types of divorces in India:
1. Mutual consent divorce:
It is a kind of a divorce where both the parties say husband and wife amicably decide to go for separation via divorce. Both of the parties have consented to do so.
Case example: Sureshta Devi v. Om Prakash (1991)- The Supreme Court recognized mutual consent divorce under section 13B of the Hindu Marriage Act,1995.
2. Contested divorce
It is kind of divorce where one spouse files for divorce without the consent of another spouse on some circumstances which are mentioned under various acts. For example:
• Adultery
• Cruelty
• Desertion for two years or more
• Conversion to another religion
• Unsound mind
• Diseases like leprosy which leads to result in permanent incapacity of the person
• Renunciation of the world
• Presumed dead
• Impotency
There are different types of divorce notices which are as follows:
Firstly, if both the spouses wants to end the marriage mutually then they both can ask their lawyers to draft a petition for divorce mutually stating that they both have mutually agreed on such terms of divorce and file that in the appropriate court with both of them signing the petition.
Secondly, where any one spouse say husband wants to go for divorce he can make his lawyer draft separate legal notice and send that to the wife through registered post with acknowledgment due, stating all the facts and grounds for which they may seek divorce. Similarly, if wife wants to initiate the divorce, she can also follow the same as sending a legal notice to her husband for cruelty or any other grounds for divorce.
Thirdly, If any spouse say husband or wife wants to send a divorce notice online, he/she can do so through various legal service providers platforms available. These services ensure that the notice is legally binding and can be used as evidence in court of law.
Is Legal Notice Required For Divorce?
It is not always mandatory to send a legal notice before filing for divorce. But , in contested divorce cases, it is a very common practice to serve a legal notice to the spouse as part of the legal process. Uncontested or mutual consent divorces may not require a notice if both parties agree to the divorce terms amicably.
Who Should Send a Divorce Notice First?
In India, there is no prescribed rule regarding which party should send the legal notice first for divorce. Whichever party, whether the husband or wife, who wants a divorce can initiate the process by sending a legal notice to another to make them aware of the same with complete information and grounds specified. The reasons for seeking a divorce can vary and may include issues such as domestic violence, extramarital affairs, psychological abuse, cruelty and more. If the other party is unresponsive to the notice, the concerned party can eventually take the case to court to seek legal resolution as the intimation of legal notice sets the timeline for the response.
Indian Divorce Procedure Include:
In case of sending a legal notice for divorce in India, a lawyer usually drafts the notice, which is then sent to the other party via registered post or Dasti (personal service). The notice should always clearly state the reasons for seeking divorce and any specific demands or directions. It's crucial to use clear, professional language and retain proof of delivery for court proceedings and it should not be vague or frivolous.
1. Mutual Consent Divorce
Generally, it is a very non-contentious process as both the parties have mutually agreed on it.
Step 1: Filling Petition
Both the spouses file a joint petition to the family court stating mutual consent and reasons for separation with proper brief of their case and grounds outlined.
Step 2: Cooling-Off Period
The court generally grants a period of six months called as cooling period (in some cases it can be waived). It is a very important point as it gives a chance or to leave room for reconciliation if possible as courts always promote harmony and justice amongst all.
Step 3: Second Motion and Final Hearing
After the period of cooling-off, the couple if want to reconcile they withdraw their petition otherwise if they affirms the decision, and the court decides on divorce decree.
2. Consent Divorce
It is way more lengthy and confusing process because it has arguments and evidence-based hearings as it is always one sided.
Step 1: Filing the Petition
The offended spouse files a divorce petition in the family court on valid grounds with proper facts and grounds clearly mentioned.
Step 2: Court Notices
The other respondent spouse, will be served with a notice by court for attendance and hearing and present before the petitions.
Step 3: Response by the Respondent
The respondent can either admit or deny allegation by filing their counter statement.
Step 4: Evidence and Hearings
The parties show and provide their evidence in the presence of each other to prove their facts and statements in order to seek justice.
Step 5: Counseling and Mediation
The court can refer them to counseling or mediation to come to a common decision as court tries to make their case settle amicably but they fails in that then the court intervene.
Step 6: Closing Arguments and further Decree of Divorce
The court will deliver its judgment by either granting or declining divorce after listening to the both parties and deciding the matter in whosoever favour.
Steps for Sending Legal Notice for Divorce:
1. Drafting the Notice:
The legal notice should be drafted on the letterhead of the advocate representing the petitioner. It must be precise and professional language should only be used, avoid emotional or abusive language. It must clearly state the reasons for divorce, the grounds for seeking divorce (e.g., cruelty, adultery, desertion), and any specific demands or directions for the other party. It must also include a specific timeframe for the other party say respondent to respond.
2. Sending the Notice:
Registered Post: Send the notice via registered post with acknowledgement due, providing proof of delivery. Dasti (Personal Service): Alternatively, the notice can be personally served (Dasti) to the other party, which may require a court official to do so.
3. Content of the Notice:
It must clearly mention the names and addresses of both parties. It must also include all relevant details about the date location and other information of marriage. It must also contain brief challenges and issues faced in the marriage with proper grounds. Specify any specific demands, such as financial support, custody arrangements, or division of assets. It must also provide information about the residential address where both parties are living after marriage. If the couple has children then it must also include their names, ages, and other relevant information.
How to Write a Legal Notice for Divorce Through Online Services Websites?
Writing a legal notice for divorce online is a very a complex task, and it is advised to seek help of a legal practitioner or use online legal services. The steps which need to be followed in obtaining a legal notice for divorce through online services are as follows:
• You can visit any reputable online legal service provider's website.
• Select the tab showing "Services" option and then choose "Legal Notice."
• Register for the legal notice service you want to opt for.
• An experienced advocate will further himself contact you to gather more details.
• You must provide a clear description of the issues to be covered in the legal notice for the same.
• The advocate will then further draft the legal notice based on your given information and will send it to you for review.
• Review it and make any necessary corrections if needed.
• Once the corrections are completed, you can send the legal notice to the intended recipient or say respondent.
Conclusion
The legal divorce notice is very essential in the process of divorce proceedings. They must be made with proper assistance of law practitioners and their guidance to adjudicate divorce cases more efficiently. They must be very well drafted and sent in accordance with the law to be considered legally binding in the court of law. Divorce in India is a complex procedure, as it involves religion, personal laws, and judicial interpretations also. Though the law must be balanced in all respects, the procedure for divorce is only complicated by procedures and rights of the parties. Whether it is a mutual consent divorce or the contested divorce, it is important to send a legal divorce notice but not always mandatory in mutual consent divorce as it is mutually agreed. It requires careful consideration and adherence to legal procedures. But with the guidance for family law attorneys, a well drafted notice can help a lot in legal proceedings and can ensure that your rights are evenly protected and the process is conducted smoothly and fairly in the eyes of law.
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