Legal Notice

How to Make a Divorce Notice?

calendar23 Mar, 2023
timeReading Time: 4 Minutes
How to Make a Divorce Notice?

A divorce notice sent by one party to the marriage to the other party stating willingness for dissolution of marriage following a legal procedure. It should contain all the necessary details related to the parties and issues due to which they are willing to seek divorce. In this blog, we will discuss how to make a Divorce Notice.

Contents of Divorce Notice

  • Name, address and residential address of the sender
  • Name, address and residential address of the receiver
  • Challenges and issues being faced by the parties with any relief claimed
  • The legal grounds for seeking divorce

Steps to Make a Divorce Notice

Following are the steps to make a Divorce Notice:

  • It is necessary to make a legal divorce notice in the letterhead of the advocate or of the organisation where the advocate is an employee.
  • It should mention the name, address and contact details of the advocate.
  • The advocate should also mention the name, address and communication details of the aggrieved party who has requested the advocate to draft such notice.
  • There should be a well written paragraph describing the rights of the aggrieved party which has been violated by the opposite party and possible relief.
  • A reasonable time limit for the opposite party to send a reply.
  • It should be duly signed and dated by the advocate.

Grounds for Divorce

Before you start to make a divorce notice, it is necessary to know the grounds for notice. Every personal law has certain defined grounds for the parties to seek divorce. For the spouses belonging to the Hindu religion, the grounds have been mentioned in Section 13 of the Hindu Marriage Act[1]. The grounds are:

  • Cruelty in any form
  • A party to the marriage had voluntary intercourse with any other person out of marriage
  • Desertion for a period of more than 2 years
  • Conversion of religion
  • Any party has become incurably of unsound mind or a permanent disorder
  • Leprosy
  • Any party has renounced the world
  • Any party has committed rape, sodomy or bestiality, etc.

Sample Format to Make a Divorce Notice

Following is the sample format to make a Divorce Notice

Adv. Mr. XYZ (name of the advocate)

House No.10, AB Colony, Mumbai, Maharashtra (Complete address of the advocate)

Seat No.___, _________

Ref No.________ Dated ____________

LEGAL DIVORCE NOTICE

To,

Mr. ABC (Name of the receiver) S/o Shri Mr. X (father’s name), Flat 1, MN city, Mumbai, Maharashtra (complete address of the receiver)

Sir,

As per the instructions from my client Mrs. DA (name of the aggrieved party) daughter of Mr. CD (name of the parent of the aggrieved) resident of T-1, AB Town, Mumbai, Maharashtra (complete address of the aggrieved party). I hereby serve you with the notice and the content of the notice has been stated below:-

  1. That it has been clearly established that you are married to my client as per the Hindu law and prevailing rituals in front of all family members and friends of both parties on 12.12.2011 (date of the marriage) at City Town Palace (Venue of the marriage).
  2. That after the marriage both parties started living together at your matrimonial house (Address of the house) along with your parents.  A child was born named AD (name of the child) aged 5 years out of the marriage in the year 2016.
  3. That when the marriage was solemnised, the parents of my client gave precious jewellery, electronic devices and furniture (details of the articles along with the price list) as dowry. After the first week of the marriage, you started drinking alcohol daily in front of my wife and forced her to drink and wasted money on gambling. After the passing of a few initial months of marriage, you even started abusing my client physically and mentally in many ways. Whenever my client wished to raise her concern about the same cruelty to your other family members such as your parents and sisters, they would start abusing her more and have beaten my client with utensils and sharp objects leaving bruises on the body parts of my client.
  4. That my client noticed a changed and rude behaviour of yours towards her after a few weeks after the marriage was solemnised. My client has been fulfilling all the illegal demands made by you or your family for a long time without any complaints. My client has received a lot of negative comments and disrespectful taunts from your mother and sister. Your mother even warned my client of bearing such poor and wrongful treatment if she is willing to live in their matrimonial house.
  5. That my client was in a presumption that your behaviour towards her will change positively after the birth of the kid and you will leave all the bad habits for the sake of the child. But after the birth of the child, my client’s life has become more miserable. You and your family members have not stopped abusing her mentally and physically, and your sister has been insulting her and misbehaving with her most of the time. Your mother tried to force my client to move out of the house 3-4 times.
  6. That your mother threw out my client from the matrimonial house with no clothes and money on 15th July, 2017(the date of the incident). Also, your mother did not give custody of the child to my client. Since then you have blackmailed her to send money and precious ornaments for maintaining the child. Your mother forced the family members of the client to full their desires and demands and in case of non-fulfilment of the demands, threaten them to face dire consequences. When the articles given as dowry were demanded back by the client, you refused to give her back all the articles. Since my client has been living at her paternal house as per the demands of your family, you have deserted my client for more than a year. My client is willing to get back custody of the child. My client is in fear of death if asked to shift back to the matrimonial house. Therefore, my client is willing to dissolve the marriage as soon as possible.

Therefore, I am serving this legal notice to you so that you can complete the divorce documentation work to terminate this wedding within 15 days from the date on which the notice has been served to you. If you fail to complete the documentation within the said period then my client shall approach the court and file a petition against you and for the same you will be held responsible to bear all the expenses, costs and risks.

A copy of the same notice has been retained in my office for record and any future required actions. Is retained in my office for record and further necessary action.

Signature

____________,

Advocate,

_________.

Conclusion

There is no specified format for a divorce notice in the law. Thus, a notice is said to be well drafted when it contains all the necessary and required details affecting the decision of the parties. It is suggested to contact and consult a legal professional for drafting and handling of divorce procedure as the professional has expertise and knowledge about the details which would influence the decision of the parties.

Also Read:
How To Send A Legal Notice For Divorce?

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