Legal Notice to Wife or Husband

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Last Updated on April 23, 2021 by Satish Mishra

 

Sending Legal Notices have become so common today that we see a trend today of sending Legal Notices before pursuing court cases be it Civil or Criminal or especially in rising number of matrimonial cases happening today. Out of all the cases, Matrimonial cases tops the chart when it comes to fresh cases being filed in any of the district courts of Chandigarh Panchkula Mohali Derabassi Kharar or be it Punjab and Haryana High Court.

In India, trends follow.

Earlier it was Property, then came Rental and now it is rising number of matrimonial disputes among the couples of new-age India. Believe it or not but this is happening.

Also Read- DOWRY COMPLAINT AGAINST IN LAWS

 

Let us see the scenarios in which Legal Notice can be sent by the wife or husband to each other:

  1. Restitution of Conjugal Rights (RCR) when either of Husband or Wife abandons home and is not ready to come back home.
  2. Grant of Divorce on any of the grounds available. Most popular one is of Cruelty and Adultery. Though the divorce can be Mutual Consent Divorce under Section 13B or a contested divorce under Section 13 (1) of Hindu Marriage Act, 1955.
  3. Grant of Maintenance by Husband or Wife for each other for livelyhood.
  4. Withdrawal of false allegations by Wife or Husband in Complaints.
  5. Return of Gold and dowry Articles and Istridhan given at the time of marriage.
  6. Complaint of Harassment and Violence under Domestic Violence Act, 2005.

Also Read- MAINTENANCE IS YOUR RIGHT WHEN YOU CAN’T.

Remedies available to Wife

  1. Protection of Women From Domestic Violence Act, 2005
  2. Maintenance under Section 125 of CrPC.
  3. Divorce on ground of Cruelty under Hindu Marriage Act, 1955
  4. Dowry Prohibition Act, 1961
  5. FIR under Sections 406, 498 A IPC and Abetment to Suicide under section 306 IPC for which you can face jail upto 10 years.
  6. Deprivation of custody of both children under Guardian and Wards Act, 1890.

Also Read- Matrimonial Issues

These Legal Notices can be sent on behalf of either husband or wife by any matrimonial expert lawyer/advocate/family lawyer who can handle these personal issues with great care and caution.

Few Clarifications:

1 Yes both husband and wife can send legal notices when there is trouble in marriage.

2 And yes, you ought to reply to the legal notice if your wife/husband sends you one.

3 Court notice by Husband/wife and Legal Notice are two different things.

4 It’s not mandatory to send legal notice before filing a divorce case.

5 You can get Legal Notice even if you don’t wish to give divorce. Though you have to fight the case on merits else courts will grant the decree.

6 Yes you can fight all your cases on your own but not advisable.

Also Read- FILE DIVORCE ONLINE IN INDIA

 

7  Fee of sending legal notice by any competitive divorce lawyer to wife or husband starts from 2500/- INR upto 10 K depending from case to case.

8 It is perfectly OK if your wife or husband doesn’t accept legal notice. It will come back unserved but you will have an edge once your case proceeds in court.

Also Read- CUSTODY OF A CHILD IN NRI CASES

 

When you should send legal notice to husband/wife?

  1. When your relationship is irreparably broken and there is simply no scope of living together.
  2. You people can’t just stop fighting.
  3. There is no solution to your differences and you can’t find a single reason to hang on.
  4. The only best thing to do is to live separately.
  5. The worstest, you thinking of committing suicide. No please don’t. Leave the house asap.

Also Read- HOW TO REPLY A LEGAL NOTICE

 

The list can be endless but you need to take a call. It’s now or never. Married life is to enjoy compansionship, see the brightest colours of life together, embrace family bliss, be old together,bring kids, fight ups and downs , maintain health of each other and no matter what just stay together. It’s a continuous which you dare to ignore else cracks will surface.

But it is from both sides; husband-wife. Sorry to say, but in today’s time, you just can’t exploit  the other gender especially with competitive education, finances and outlook.

Both the individuals have to bear the responsibility of running a relationship called Marriage. If you give up then marriage also gives up and then lawyers like me have some work.

Glad, we people have some work to do on this planet like:

  1. Maintenance Lawyer
  2. Child Custody Advocate
  3. Divorce Lawyer
  4. Family Lawyer
  5. Matrimonial Disputes and Marriage Counselling etc.

Also Read- TYPES OF LEGAL NOTICE

If you wish to see a sample Legal Notice, then please click here.

In case you wish to know more, please Dial 99888-17966.

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