Rock (SE) 14 October 2013

Divorce notice recieved

Dear Sir, Madam,

I need your help in understanding the divorce notice i had received today.

I received a divorce notice from my wife today. It states "Petitioner have sent a divorce petition u/s 13(i) (a) of Hindu Marriage act 1995". It has been written in hand writing so the letters after 13 is a bit unclear. Could you please let me know does this mean? Also please guide me what action I need to be taking?

Thanks,

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2 Replies

NRI Legal Consulting (Consultant) 14 October 2013

Dear Sir,

1.YOU MAY FILE YOUR SAY, MEANS YOUR REPLY ,AND DENY ALL ALLIGATIONS MADE BY YOUR WIFE AGAINST YOU.

OR IN CASE YOU DO NOT WISH TO GIVE DIVORCE TO YOUR WIFE THEN YOU JUST DELAY THE SAID COURT MATTER .AND YOU MAY JUST FILE AN APPLICATION IN THE COURT AND REQUEST FOR NEXT DATE TO FILE YOUR REPLY IN THE COURT.

2. YOU CAN SEND A NOTICE TO YOUR WIFE UNDER SECTION 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RIGHTS. SHE WILL REPLY TO YOUR NOTICE OR THE MATTER MAY GET COMPROMISED ALSO.

FOR MORE DETAILS QUERY US query@nrilegalconsulting.com

(Guest)

They have difficulty in understanding your wife's lawyer's handwriting. Perhaps your wife hired a Jolly LLB. :-)) There would be a date mentioned wherein you have to appear before court and file your objections if any. This is section 13 under Indian divorce act: 13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the Subsection i A is this: (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or