Legal Notice for Divorce

Matters like divorce and maintenance arise due to marital disputes between husband and wife. In matrimonial cases, there is a need for divorce and maintenance in a conflict between husband and wife. After this, legal notices are given to each other through advocates to take the matter of divorce and maintenance to court. While there is no compulsion to send legal notice anywhere in the law, nor has a legal order been given to send the notice. That is, such cases can be directly taken to court.

There is no requirement in the law to send such legal notices to each other, and there is no legal mention of it either. There is no such mention anywhere in both the Hindu Marriage Act 1955 or the Special Marriage Act 1956 that legal notice should be sent before filing the divorce case in court.
This proves that the law does not require sending a legal notice, and such notice is not mandated.

When there is no legal obligation in the law to send such notices, why are legal notices sent?

•    Sending these legal notices has some benefits, and the court's attitude also changes. In civil cases, as far as possible, such cases should be settled outside the court by settlement because bringing any civil case to the court is expensive. It takes time, and money is also spent.
•    Some court fees have to be deposited, and lawyers also have to pay fees, so it is understood that if the parties benefited outside the court, they should go that way.
•    Whenever the parties approach a lawyer for a divorce or maintenance case, the lawyer first asks them to send a legal notice because the lawyer knows that if the matter is dealing with a legal notice, he should resign. It should be settled so that there is no loss of time and money to the visiting parties and their matter is settled at the earliest.

How to send legal notice:

•    The legal notice can also be sent through email, it can also be sent through WhatsApp, but the notice sent through email is not proper proof, and similarly, the notice sent through WhatsApp is also not proof.
•    That's why such a way should be adopted, which also creates proof of sending a legal notice. Such a legal notice should be sent through a lawyer only because a lawyer has all the law knowledge. He sends the legal notice.
•    So if the lawyer sends a legal notice, there is some substance in the case, and the parties take each other seriously because the lawyer creates reasonable grounds for future cases.
• Such legal notice is sent through an ordinary post from the registered ID. It is sent from Register AD because there is a slip attached to it in which it is mentioned why the person has not received any letter, and if it has been received, then his signature is taken in that slip.
•    When the parties trace the number of the mail sent on the website of Indian Post, they get all the information related to it, such as the date on which the mail was posted and the date on which the recipient received the mail. And if it has not been received, why has it not been received, whether the address was not received or the recipient refused to accept it? Information about all these things is available in registered posts, so such legal notice is sent by a registered post. A registered AD is also put along with the envelope.
•    After sending it to the legal notice, the parties also reply. Many parties have yet to respond. There is no compulsion to answer or not to answer, but if it is responded to, it helps in future court cases, and the judge can be told that we have given any answer to the legal notice sent and we are also serious about the matter.
•    In some cases, there is no mediator between the husband and wife, and there is no conversation between the two for a long time. Then only through legal notice do both get time to think about each other. Time of up to 1 month is given through such legal notice. During this period, the parties discuss how to settle the matter quickly.
•    The parties think during this period and consider settling each other's matter at the earliest. Mediation takes place between them as if the wife is seeking maintenance from her husband and her husband has agreed to give maintenance to her outside the court, then there is no need to file any case in the court.
•    This does not prevent the judge's point of view from being formed in the case of any one party; he looks at both parties from the same point of view and believes that both parties are taking the matter seriously.

Possibilities of settling down in the future remain:

As the wife is seeking maintenance from the husband and the husband is ready to pay maintenance outside the court, there is no need to take the case to court. On the other hand, if the husband has separated from the wife without any reason, the wife can handle the amount of maintenance. The husband must bear her expenses if he marries a woman and keeps her with him without cause. When the husband is ready, the wife does not file a case in court. If the husband is ready to pay the maintenance every month, then with the legal notice, the parties are done. Along with this, the chances of both getting settled in the future also increase.

Why choose Vakilkaro?

Behind every successful law firm are the hard work of its advocate team and the trust of its clients. Advocates at Vakilkaro are well-experienced with the interpretation of statutes and have vast knowledge about every legal matter. If you want to send a divorce notice to your wife, a divorce notice to a husband, or a mutual divorce notice, then VakilKaro is the best firm that prepares and provides you with divorce notices online. Vakilkaro is the first firm in India to make 'Send Divorce Notice Online' possible with 100% success in divorce cases. Our expert legal notice for divorce at the earliest and get the divorce matter resolved. Our specialist family lawyers draw up a strategy based on their vast experience.

Contact the best Legal Divorce Notice Lawyers in Vakilkaro today. You can give us a call at 9828123489 or may write an Email also at help@vakilkaro.co.in. We are here to serve you 24/7.

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