According to a report in WION, India accounts for only 1% of divorce cases. Irreconcilable differences, adultery, cruelty, financial irresponsibilities, and poor communication skills are some of the factors leading to an unsuccessful marriage.
Though the above statistics may seem positive as compared to the rest of the world, there are subtle religious, cultural, and societal factors that transpire in these statistics. The taboo around divorce deters affected parties from initiating proceedings of divorce.
A legal notice for divorce can be a starting point from where legal proceedings can emerge. Even though it is not mandatory to issue a legal notice in divorce cases they hold considerable value in certain cases.
According to a report in the Deccan Herald, There are respectively 1.5 million and 3.2 million divorced or separated men and women in India.
In common parlance, one might have heard of using the phrase “You’ll hear from my lawyer” in the heat of the moment. This ‘hearing from the lawyer’ could be in the form of a legal notice of divorce. Some spouses use this provision only to persuade their other halves to come back to their company. In other instances where communication is broken down, spouses may use this channel to let the other party understand the intention of the sender or vice versa.
Let’s see some examples:
Sushmita was a software professional who was a victim of domestic violence. Even though she was financially stable, parental pressure to maintain the relationship stopped her from taking the first step towards divorce. After seven years of marriage, Sushmita was contemplating moving ahead with legally divorcing her husband; she got a headstart when she received a legal notice for divorce from her husband, expressing his intention to divorce her.
Mahesh, a resident of Bangalore, is trying to communicate with his estranged wife and understand her intention to continue or end their relationship. He chooses to establish formal communication through a divorce lawyer in the form of a legal notice asking his wife to express her intent.
In such instances, the legal notice helps to establish a communication prior to the initiation of legal proceedings.
What is a Legal Notice For Divorce?
A legal notice of divorce is a formal communication of one’s intention to undertake legal proceedings against the other following discord between the spouses. A legal notice is usually sent through a lawyer for civil cases under Section 80 of the Code of Civil Procedure 1908.
In case of a divorce, even though it is not mandatory, when issued it becomes the first course of action taken towards a divorce. It is sent to the estranged spouse specifying the intention of the party to take the legal course and reasons for the same.
It includes the sender’s version of the events that led the marriage to fall apart, a summary of the details and description of the conflict, details of both parties, allotment of time to the recipient to respond to the legal notice in the manner prescribed by the sender of the notice and communication of the intention of the sender to bring lawful action against the recipient.
It can also specify the law under which the sender relies on to claim remedy.
How is a legal Notice for Divorce helpful in cases?
The legal notice for divorce drafted by the lawyer with inputs from the affected party serves as a legal document before the initialization of the divorce proceeding. Legal notice of divorce can be an initial step that can ultimately result in the restitution of conjugal rights, separation, and amicable settlement through mediation.
It is not mandatory to send a legal notice in cases involving family matters such as divorce, child custody, maintenance, etc. However, in some scenarios, it may help to communicate the intention of one party either to take a legal course to separate or to patch things up.
Significance of a Legal Notice in Divorce
To decide the Future Course of Action
Both parties can arrive at a mutually agreeable consensus before the trial to save time, money, and mental agony. A legal notice for divorce serves as a legally documented specification of the grounds on which divorce can be applied. Both parties can decide the future course of action based on the grounds of the legal notice.
As a Document Proof
The legal notices of divorce are usually to be sent through a registered post or courier with acknowledgment, providing proof of delivery. The copies of the legal notice and the postal receipt or courier acknowledgment a proof of receipt of the communication that can kickstart the divorce proceeding.
It is a way to notify the recipient about the grounds of the accusation and the impending action the recipient can encounter in case of non-conformity. In some cases, it could be a path to seek reconciliation.
If you are the recipient of the legal notice, you can choose to consult an advocate and go ahead with the divorce, contest the notice, or seek reconciliation.
As a First Step towards Legal Proceedings
It is a key document that holds value in the honourable court of law for further resolution. A legal notice is an important document. There shouldn’t be any scope for factual mistakes or false information, as it can drastically change the course of the case.
It’s essential to send a legal notice through a legal expert who is experienced in using the right legal terms in a precise and accurate way.
To Get a Legal Strategy in Place
Replying to a legal notice is equally important, and the foremost step should be contacting an advocate specializing in divorce cases. This can make all the difference between making a strong case against the legal notice. If the recipient of the legal notice doesn’t want to end the marriage a dissolution of the matter can be tried through a lawyer. A mutually agreeable solution can be reached after agreeing to the requirements or by arriving at a mutually agreeable understanding, reducing the lengthy process of divorce proceedings.
Divorce takes a heavy toll on the physical, emotional, and financial aspects of the people involved. To lessen the burden and have a stronghold on the proceedings, it’s essential to have a strong legal representation. This will help in navigating the complexities of the legal process. A divorce proceeding doesn’t end with a divorce. It also involves child custody, property division, and other legal aspects. Hence, it’s imperative to make your case strong.
Advocate Kiran S R – A highly skilled, passionate, dedicated advocate, with vast wealth of knowledge, professionalism, ethical approach and expert skills. One of the sharpest legal mindset brings the best principles of legal practice to the forefront. A qualified Engineer turned Advocate. His passion, dedication and vision to help and assist his clients achieve the best results is his driving force.
