Legal Notice

Can I send a divorce notice to my husband staying in Europe and if yes in how much time?

Free Legal Advice - legal notice

Posted by: Swati

Posted on: 2019-09-01

Yes you can send legal notice for divorce to your husband on the address of his residential and official address through international registered post . If you have the residential address of your husband is in india then you can send a copy of notice through the close family members. You should give time period of atleast 15 days from the receipt of the notice. After the completion of the notice period you can file a petition against your husband under section 13 of Hindu Marriage Act for divorce on grounds mentioned in the act. If you want any further information or any other advice then contact me without any hesitation through administrator of this website

You can issue a legal notice but it is not mandatory to get a response. A legal notice for divorce is an additional procedure and not provided for under any Act (unlike cheque bounce where legal notice is mandatory). Once you file the case, Summons will be sent by the Court. If he does not respond to it, you can ask the Court to proceed Ex-Parte meaning you can ask the Court to proceed despite his absence and grant you divorce. However in such cases getting alimony/ compensation is not easy. Hence if you want him to be present, you can effect notice internationally. There are Treaties between India and other country where you can effect summons through the Ministry of External Affairs as well, in case international courier does not work. You can also ask for summons to be served through email but you will have to give proof of the email id belonging to him.

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