Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Irfan Shaikh (Job)     16 September 2014

Query : lawyer notice reply

Hello All,

I had recieved a lawyer notice from my wife. 1.5 years ago stating false allegations (dv n 498). Since all points were invalid n we had enuf proof to prove those allegations wrong. We never replied to notice.

Now getting legal n physical threats from inlaws and wife. Wife is seperated from me and family from almost 2 years. Now when i show notice to lawyers many tell you dint reply to lawyer notice that is like you have accepted her allegations...If matter goes to court you will be in problem...

I had filled an NC immideately when all this happened (Inlaws created seen beat me n ask for divorce verbally in my home town)

Is this true not replying to notice is accepting the allegations ? What are problems.. Or no need to worry ??

Best Regards



Learning

 4 Replies

Hardeep (Business)     16 September 2014

It is not necessary to reply to a notice from a lawyer and neither does it mean you accept whatever is alleged. Once the lawyer files a case in court , the court sends you a summons for hearing along with whatever has been claimed by the lawyer and the evidence he has to back his claims. You have the opportunity then to present your side of the case to the Court along with your evidence. The Court will not draw an adverse inference simply from an allegation.

Keep a track of all events and gather all evidence since they may be useful later.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

T. Kalaiselvan, Advocate (Advocate)     24 September 2014

No doubt it was important that you replied to the lawyer's notice so that you could have rebutted the allegations then and there itself, however as rightly observed, it will not attract an adverse inference to the ensuing matrimonial case. You can challenge all her allegations even now during the trial of the proceedings. Don't pay heed to rumours by others who may not have an idea of your case, better follow your own lawyer's advise, in case of any doubt you may seek second opinion from some other lawyer.

Adv. Chandrasekhar (Advocate)     25 September 2014

I totally agree with the above said opinions and I also appreciate Mr. Kalaiselvan's observations about following one's own lawyer advice unless his actions are dubious.

Adv k . mahesh (advocate)     25 September 2014

defending the allegations point on the legal notice will be added advantage that you had already replied to the notice sent by your wife lawyer

even now it is not a issue when your wife files a case against you, you can defend those allegations with proof if you have any on counter statement through your lawyer accordingly

say in any employer issues a show cause notice to employee then it is the duty of the employee give his explanation against the show cause notice or at the time of enquiry with proof 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register