How do I send a mutual divorce notice?

Since there is no fixed procedure to send a legal notice for divorce, it can be sent either through registered post or can be personally tendered to the husband/wife. Either of the spouses is expected to acknowledge the receipt of the legal divorce notice.

How do I give a legal notice to my wife?

One must:

1. Discuss the whole scenario with a lawyer and inform him/her of the incidents with your spouse. Like the date of marriage and the date when he/she has left you.
2. You can send the notice in either English or in any other Indian language which you speak and can understand.

What are the essential requirements for divorce by mutual consent?

For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criteria.

Who should send divorce first?

1. First and foremost, a lawyer, who has good drafting skills and technical knowledge in the field of Divorce Law, must be contacted. Thereafter, with the help of the lawyer, a legal notice that states the facts and issues that are causing disturbance in the marriage of the couple seeking divorce must be drafted.

Can I force my wife to come back home?

Each spouse has a right to come back to the marital home. Even if a spouse has left the marital home voluntarily, each spouse has a right to return. There are exceptions to this rule. Your spouse may want to return because she realizes she cannot afford to live in her new house.

How do I give a legal notice without a lawyer?

A legal notice could be sent through a Registered A.D. or through a courier. There is no specific procedure to issue a legal notice. The notice can also be personally tendered to the opposite party, as long as the opposite party is willing to receive it and sign an acknowledgment of its receipt.

What happens during first motion of mutual divorce?

First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. This is the first step in obtaining divorce by mutual consent.

What are the grounds for filing a divorce by mutual consent?

The petition for divorce by Mutual Consent can be filed on the following grounds: The petition must be presented to the court jointly by both the parties. The motion before the court hearing the petition should also be by both the parties. For a period of one year, parties must be living separately.

When to file a second motion for mutual consent divorce?

The minimum six months period is given to both the husband and wife, before they can file the second motion. The maximum period to file a second motion is 18 months from the date of presentation of the mutual consent divorce petition in the family court.

Can a husband and wife dissolve a marriage by mutual consent?

Various statutes have provided the right to husband and wife to dissolve their marriage by mutual consent.

What to do if your spouse is not ready for divorce?

In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13 (1) of the Hindu Marriage Act. 1. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.