Overview

India comprising a secular country acquires a substantial part of its laws from various liturgical traditions. One of the areas is the Divorce law of India. A divorce case in India is inducted by the party based on the system which is applicable to the parties. Nevertheless, the system for divorce starts with addressing a legal notice.

Any party can send a legal notice to the other spouse inferring his/her intention to inaugurate legal procedures for divorce. Posting a legal notice acts as a formal way of expression by one party to the other enacting as a lesson and at the same time building possibilities for the last effort for conciliation, if feasible.

What is a legal notice for Divorce?

A legal notice applies to a precise communication to a person or the counterparty in a case, notifying him/her about one’s purpose to initiate legal procedures upon him/her. Consequently, a legal notice for divorce is a legal implication by one party to another of his/her purpose to instate divorce proceedings upon the other.

What is the procedure to send a Legal Notice for divorce?

It is perceived that in several cases, a well-served notice affects the grievance of the aggrieved party to the conversance of the other party and it also conceives opportunities of settling the matter out of the Court through conciliation and mutual agreement. Notwithstanding, in such cases, the other individual can also decide to reply to the legal notice for divorce if he/she yearns to part ways.

 The process is as mentioned below for sending a legal notice:

1) With the help of an advocate, one can draft a legal notice for divorce, a legal notice that plights the details and concerns that are generating the fray in the marriage of the couple attempting the divorce must be composed.

2) While discussing with the lawyer, the party should declare all the important data in detail including:

• Names of the individuals seeking a divorce

• Addresses of both the individuals

• Dates when any responsibilities were made and not honoured inducing uneasiness in the married life

• Provocations and concerns encountered in the marriage

• Any prior efforts of conciliation

3) Once all the important details are bestowed with the lawyer, by the individuals seeking the divorce, the lawyer is conjectured to meticulously study the data shared with him/her and make important notes concerning the case based on the discussion with the client

4) The lawyer should compose the notice in the legal language as per the approved guidelines designated by law to draft a legal notice and it must contain:

• Purposes behind conducting the notice.
• All the earlier held discussions and communications concerning the purpose of notice.

• A consistent time period for the addressee or the counterparty Depending on the objection, regularly the lawyers, on part of the client transmitting the notice. Draw the demand for an action to be taken in the detailed period of time to either achieve the demand or asking a response to the legal notice.

5) The legal notice should be properly approved by the lawyer composing it and then sent to the party involved via listed post or speed post or dispatcher, and the recognition of the same is preserved. 

6) The individual accepting the legal notice must respond back to the notice in the term or duration specified in the notice. But, if the party does not respond, suitable action as declared in the legal notice can be exercised.