Legal notice simply means threat for ordinary people. In other words, we can say that legal notice is the means to inform the other party that a legal action will be taken against them. So, the first step in law to take legal action is that of sending a Legal notice to the parties. A legal notice for divorce is usually initiated after consultation with a lawyer and drafted on the letterhead of an Advocate. Legal notice contains all the important and relevant information regarding marriage and matrimonial dispute, like the date of marriage, why the spouses wish to part ways, and how much time the other party has to respond.
Legal notices are usually required in Civil cases like cheque bounce cases, suit for recovery, etc. In criminal cases, there is no requirement of legal notice. While there is no such law mandating legal notice for matrimonial disputes or other cases, it is recommended by the attorneys and advocates to create evidence to be produced before Courts of Law.
What does Legal Notice for Divorce contain?
The key components in legal notice for divorce are;
a) Date on which the legal notice was sent.
b) Details of the party to whom the notice has to be sent
c) Date and customary rites according to which marriage was solemnized
d) Date of separation (if living separately)
e) Reason of matrimonial discord which could make a ground for divorce
f) Custody of child (if any)
g) Settlement proposal regarding alimony, etc.
h) Details of Dowry/Gifts exchanged at the time of marriage
It may be noted that the contents of legal notice for divorce vary based on who is sending it. Since the laws and legal remedies available to the husband and wife vary, the legal notice reflects actions under such remedies only. This can better be understood through party specific facts as explained below.
Legal Notice for Divorce by Husband
A Legal notice by the husband is usually sent through his advocate after due consultation. Legal notice will be sent by the advocates via post (preference) and the receipts are kept for the record.
Generally, Husband sends a legal notice for divorce to his wife when he is certain that marriage cannot continue and he has reasons that align with one of the grounds of divorce. It may be noted that when divorce notice is sent by the husband, the dispute and the legal remedy sought needs to be very clear. Sometimes, people also include the relief of restitution of conjugal rights in a legal notice for divorce. Advocates usually abstain from such tactics to avoid any confusion regarding the course proposed.
Divorce Legal Notice by Wife
There are several laws that favour married women in India. Hence, when a wife sends legal notice to seek divorce from her husband, such laws may be invoked by her. While the prior requirement is to reflect upon the intention to end the marriage, mutual consent divorce should be preferred, subject to the other requirements, such as settlement over jewellery, gifts and other valuables exchanged at the time of marriage. The legal notice for divorce by wife should also specify the amount of maintenance/alimony sought from her husband. In case she was subjected to domestic violence or cruelty, her advocate would rather suggest that she proceed with a criminal complaint, in which case, a legal notice may not be required.
Purpose of Legal Notice of Divorce
Filing a legal notice indicates the spouses’ wish to initiate legal proceedings in the Court of Law. It reflects the challenges faced by one spouse in marriage who proposes feasible options for them to put an end to the matrimonial discords.
In a legal action proposed to be taken by the parties or spouses, the purpose of legal notice is to serve to the parties within 30 days an intimation regarding such legal action. In order to avoid divorce, parties may nip the bud and resolve their disputes. However, if things are completely out of hand, settlement may be a better option for mutual consent divorce to evade difficulties of a divorce. Given below are pointers to understand why divorce legal notice is important:
1. It is the first step for legal course of action for initiating divorce, whether mutual or contested, as the situation suggests.
2. A legal notice for divorce, whether by husband or wife, acts as a type of evidence in future legal proceedings.
3. A legal notice for divorce also suggests the future course to be opted by the divorcing couple, obviously only if the other spouse agrees to them.
4. A more strategic aspect of legal notice is to put in place the financial interests of the spouses, regarding valuables, and maintenance.
Steps to send Legal Notice for Divorce
Step 1. The first step to file legal notice for divorce is to approach Advocates having better understanding of matrimonial disputes. Parties should be clear and vocal with their lawyers regarding their issues or problems faced in marriages.
Step 2. After consulting an advocate, give the details or information to them, which includes: Name of the parties, Aadhar card or identity of the parties, date of marriage, venue of the marriage, what is the issue related to marriage, any demand from the side of spouses, any settlement, if required.
Step 3. In the next step the Advocate carefully considers the issues based on information shared by the parties, and then makes necessary points to develop or enhance the merits of legal notice. He/she will accordingly draft a divorce legal notice. The Legal notice for divorce should be in English (preferred) or vernacular (local language) in which parties are well conversant.
Step 4. Parties should go through the draft legal notice before the same is sent to their spouse. It helps make changes if proposed, and avoid any future troubles.
Step 5. After posting the legal notice, parties may wait for 15 days or so for the response of the opposite parties. If opposite parties do not respond within 15 days, then the advocate may proceed with filing the matrimonial case in Family court or appropriate jurisdiction.
Modes of Sending Divorce Legal Notice
The legal notice for divorce can be sent by the parties or their advocates through various modes:
1) Post
2) E-mail
3) WhatsApp
4) Telegram.
5) Any other mode which is prescribed by the Government/Courts.
Sample Format of Legal Notice for Divorce
[On Advocate’s LetterHead]Name of advocate
Chamber/Office Address
Contact No:
Email Id:
To,
Name
Address
Dated:
Ref: Notice For Dissolution of Marriage
Madam/Sir,
Under the instructions from and on behalf of my client Mr./Ms. _________ Son/Daughter of Mr.__________, of _________________, I would like to address you as follows,:-
1. That you got married to my client on………. day of ……………according to Hindu rites and Customs (Or any other Religious Marriage) in the presence of friends, relatives and family members of both the parties.
2. That after marriage you and my client lived together as husband and wife and cohabited with each other in your matrimonial home at ___________
3. That after marriage my Client performed all the duties and obligations towards you as a husband/wife and his/her old parents always treated you with respect and affection and always gave you the status of their own daughter/son. But unfortunately, you were not happy with my Client as your demands had no limits. You used to demand for things which were beyond my client capabilities and upon the failure to meet your demands you used to abuse my Client and parents with filthy language and also used to insult them in different ways and sometimes you threaten my Client with dire consequences which caused my Client and his/her old parents terrible mental pain and agony.
4. That although my client works under a very small designation and earns a nominal amount thereafter, he/she also tried his/her level best to fulfil all the wishes of yours and always tried the best possible means to make you happy. But unfortunately all my client’s efforts went in vain. Though you were well aware of my Client’s economical conditions, even after that you used to demand for things that were beyond my Client’s capabilities.
5. That in spite of all sorts of torture and harassments my client had to continue the conjugal life with you with a future expectation that with my client’s love and care, you might change your nature and behaviour, but the same never came true.
6. That day-to-day mental and emotional torture by you towards my client and his family has increased beyond the level of toleration, and hence, my client wants to dissolve this marriage immediately.
I, therefore, call upon you through this legal notice to execute the Divorce Under Mutual Consent under section 13(B) which will be signed both by you and my Client. My client seeks to dissolve this marriage as soon as possible, and expects a reply from you within a period of 30 days from the date of receipt of this legal notice, failing which my client shall be at liberty to file appropriate proceedings against you in the court of law and in that event you shall be responsible for all costs, risks and responsibilities which may be noted.
Signature of Advocate
The question of “How to write a Legal Notice for Divorce” has been addressed by Advocate Aakash Poddar, who is interning at Lawgical Shots and assisting the team to bring the most informational and valuable legal blogs for the legal fraternity.
