How to Draft a Legal Notice for Divorce?
There are several points which are essential to be mentioned in the divorce notice. These are as follows:
- The notice should be drafted on an advocate’s/ law firm’s letterhead.
- The notice should contain all the required and essential information relevant to the case.
- The name, contact details, address of the sender and on whose behalf and instructions the legal notice has been sent must also be mentioned.
- It is important to mention the name, and contact details such as the number and address of the advocate.
- The notice should be duly signed by the advocate along with the date of signing mentioned with the signature.
- The content of the notice should specify directions for the performance of certain actions to the defendant and the time limit to do the same.
- The notice should also state the problems caused to the aggrieved party due to the act or omission of the defendant. Along with this, the possible solution for the problem should also be mentioned.
Legal Notice to Wife to Come Back
A husband can approach the court for restitution of conjugal rights if the wife leaves the husband or matrimonial house without any valid and reasonable excuse.
Before approaching the court for restitution of conjugal rights, the husband can opt for sending a legal notice to his wife for coming back home. The husband can serve a well-drafted legal notice in which he can ask her wife to return back to the matrimonial house.
Procedure After a Legal Notice for Divorce has been Sent
As per the prevailing and applicable laws on the parties, certain defined actions can be taken by the party after the notice has been served by the plaintiff to the defendant. The parties can either resolve the matter mutually or can file a petition for divorce and proceed with the same.
As already mentioned, India is a secular state enacts different laws from several religions which also includes divorce laws. With the passage of time, the laws have been progressive in nature keeping in mind social awareness, gender affairs and other related matters in the present times. The several legislations in India are:
- The people belonging to Hindu, Jain, Sikh and Buddhist communities are governed through the provisions of the Hindu Marriage Act, 1955 for the purposes of divorce.
- The Muslims who wish to take divorce can find the relevant provisions under the Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of rights on marriage) Act, 2019.
- Parsi Marriage and Divorce Act, 1936 contains provisions for the divorce of Parsi people.
- The Christians are governed by the provisions of the Indian Divorce Act, 1869.
- All other divorces are governed through the provisions of the Special Marriage Act, 1956.
- If the divorce is filed by one party who is an Indian and the other party (defendant) is a foreign national, then they are governed by the Foreign Marriage Act, 1969.
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