A divorce notice is sent by either party to the marriage who is willing to terminate his/her wedding or to solve the issues and disputes through conciliation or mutual understanding. It is usually preferred and suggested that before approaching the court, the party must send a legal notice providing a reasonable time for the opposite party to make a rational decision. There are certain grounds on which a party to a marriage wishes to send a divorce notice to the other party. One such ground where the husband sends a divorce notice to wife when the wife leaves without any valid reason. The aggrieved party being the husband reaches the court to send an order to bring her wife back home as defined under Section 9 of the Hindu Marriage Act and if she doesn’t come back within a defined time period, then it becomes a ground for divorce and husband is eligible to seek divorce from his wife. In this article, we will discuss how to give divorce notice to wife.
Section 9 of the Hindu Marriage Act
Section 9 states that if in case the wife leaves the matrimonial house or the husband’s house without any valid reason or excuse, the husband has the right under this Act to approach the court for restitution of conjugal rights. The court after considering all the facts and reasons stated by the husband can send an order stating the wife to come back to his matrimonial home.
Before approaching the court to pass an order under Section 9 of the Act, the husband can send a well-drafted divorce notice to wife and give her a chance to return to him and solve the problems between them.
The burden of proof for such withdrawal from the society of the husband lies on the wife who has left his husband’s or the matrimonial house and started living at his paternal home. If the wife does not honour with the clauses stated in the notice, the husband can approach the court.
Order under Section 9
The husband can file a suit for restitution of conjugal rights before the competent civil court, and the court after considering the valid arguments of the husband passes a decree against the wife to return back to home.
The court while considering all the arguments made by the wife must ensure that the details mentioned in the petition are true and the intent of the husband is not malicious. The court also provides an opportunity to be heard to the wife following the principles of natural justice. This will help the court to find out that were there any valid reasons for the wife to leave the matrimonial house or not.
Decree for Restitution of Conjugal Rights
If the court passes a decree for restitution of conjugal rights, the wife is under an obligation to follow the orders of the court. If the wife does not honor the decree for restitution of conjugal rights within the time period of one year from the date of the decree, it becomes a ground for husband to seek divorce.
Divorce Notice to Wife
As per Section 13 (1A) of the Hindu Marriage Act[1], when parties to the marriage do not resume the cohabitation after the decree for restitution of conjugal rights has been passed and a time period of more than one year has been passed, it becomes a ground for divorce.
When it has been found by the court that the party against whom a decree has been passed does not obey the decree, the husband can initiate the process of divorce. The first step to initiate the process is serving a divorce notice to wife showing his intentions to terminate the marriage or reconcile the marriage.
The aggrieved party should contact a legal professional who is an expert in matrimonial matters to draft a detailed legal divorce notice containing:
- Personal details and address of the parties
- Reasons for applying for divorce and a valid recourse
- Challenges being faced by the parties to the marriage
- Details of the decree for restitution of conjugal rights
- The notice should be duly signed along with the date and it should be printed on the letterhead of the advocate.
Procedure of Serving Notice
- The aggrieved party should appoint an advocate for drafting a divorce notice.
- It should contain all the basic and important details related to the divorce.
- The advocate should consider all the facts narrated by the party and draft case notes.
- With the help of such notes, the advocate should draft the legal notice duly addressed to the intended party.
- The advocate shall mention a reasonable time in the notice for the wife to send a reply to the divorce notice served.
- The wife has the option to send a reply to such notice for initiation of the divorce proceedings by filing a petition before the court or trying to resolve the matter by way of discussion or mutual understanding.
Conclusion
If the wife agrees to return back to home after the notice or a decree has been sent to her for restitution of conjugal rights, then the purpose of serving such notice or decree by the court is fulfilled. But, in cases the wife does not wish to return back to her matrimonial house, the husband can send her a divorce notice for termination of their marriage by following the well-defined procedure as per the law prevailing in India.
Also Read:
How To Send A Legal Notice For Divorce?
