Acceptance
abhimanyu
(Querist) 08 March 2013
This query is : Resolved
A couple after some years of marriage could not cope up with and started living separately. After some months, wife sent legal notice to husband and made many allegations against him. However, the husband has not responded to her notice even after six months.
Will above situation be deemed as that the husband has accepted the allegations and will not be able to deny, if wife files a case against him in court for such allegations.
Please suggest.
ajay sethi
(Expert) 08 March 2013
he can always deny the allegations in court .
abhimanyu
(Querist) 08 March 2013
Is there any time period after which he will not be able to deny those allegations.
ajay sethi
(Expert) 08 March 2013
no such time period . you can raise the plea that adverse presumption be drawn as he did not bother to reply to legal noti ce
abhimanyu
(Querist) 08 March 2013
Thanks very much. Please tell what is adverse presemption.
ajay sethi
(Expert) 08 March 2013
adverse inference
prabhakar singh
(Expert) 08 March 2013
A NOTICE IF NOT REQUIRED MANDATORY BY LAW IS A GENTLE CIVIC PRACTICE AND SUCH NOTICE IF REMAINS UNREPLIED DOES NOT CURTAIL RIGHTS OF ADDRESSEE TO DENY A CONTENTS OF A PETITION.UNLESS ONE IS DUTY BOUND BY LAW TO RESPONSE A NOTICE,ONE CAN IGNORE IT UNTIL AN ACTION IS BROUGHT BEFORE AGAINST HIM IN COURT.
abhimanyu
(Querist) 08 March 2013
But will adverse inference will give any benefit to wife claims.
prabhakar singh
(Expert) 08 March 2013
ADVERSE INFERENCE COULD BE DRAWN ONLY IN CASE WHERE DUTY TO RESPONSE IS FIXED BY LAW.
ELSE WHERE IT IS SUGGESTIVE ONLY FOR THE SAKE OF ARGUMENT.
ajay sethi
(Expert) 08 March 2013
as i have mentioned you can raise such plea and it is for court to consider it . it does not prevent husband from denying allegations in court .
prabhakar singh
(Expert) 08 March 2013
IT MAY SERVE AS SOLACE WITHOUT RIGHT.
abhimanyu
(Querist) 08 March 2013
Of course, in this case notice is not mandatory by law but before proceeding futher to file a case, opportunity is given to other party. It means there is no use of giving notice.
prabhakar singh
(Expert) 08 March 2013
GETTING THINGS CORRECTLY IS THE REMARK FROM MY SIDE.
R.K Nanda
(Expert) 08 March 2013
he can deny them in court.
adv. rajeev ( rajoo )
(Expert) 09 March 2013
No reply to the notice does not deems that husband has admitted.
abhimanyu
(Querist) 09 March 2013
Sir, one of my friends has advised that in such a case advantage can be taken through raising doctrine of astopel. what is that.
prabhakar singh
(Expert) 09 March 2013
In law by term "estoppel" it is understood that a party is PRECLUDED from ALLEGING or DENYING a fact in consequence of its own PREVIOUS acts,allegation or denial of a contrary tenor.
Put simply one is bound by his previous deeds and can not deny them on subsequent occasions.
For instance your wife is bound by contents of her notice and she is stopped from pleading any thing against it in her petition.
Like wise if you would answer her notice,you would get stopped from stating any thing against that reply any where.
And when there is duty to speak,silence
can be equated as fraud or may amount to admission.
But in case under consideration your wife was not legally obliged to serve you any notice before the petition.Like wise no law
imposes duty on you to reply as of necessity otherwise the same would amount to admission.
In fact in INDIA(barring Muslims) there can not be a DIVORCE without any decree of court then exchange of such notices are redundant.They might perhaps serve some purpose like one your friend is coining in countries where divorce agreement could be gone through by parties(spouses) themselves.
V R SHROFF
(Expert) 09 March 2013
NOT REPLY OF NOTICE DOES NOT MEAN IT IS ADMITTED.
LEADING EVIDENCE MAY PROVE IT OR DISPROVE IT.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 March 2013
Issue of notice and reply of notice is bread and butter of legal class and many so called persons claiming to have legal knowledge also take its maximum benefit.
However not replying the notice is always more beneficial in all cases without exception.
Since first and foremost issue is always the task of proving the contents and sending of notice.
It is always easy for any defense lawyer to disprove it.
Kiran Kumar
(Expert) 09 March 2013
Better have faith in your lawyer and dont assume or presume self created interpretations when you are not aware of the Written Text of Law.
You may deny the contents of notice, You may deny the receipt of any such notice....the things are to be proved in court.
If the other party is being made fool by someone then you need not to be shocked by any such document.
Enjoy your time.
Raj Kumar Makkad
(Expert) 10 March 2013
If a client without any solid reasons do suspicion about his lawyer, generally results do not come positive for such client so better to trust upon your lawyer and do as advised.
abhimanyu
(Querist) 10 March 2013
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abhimanyu
(Querist) 10 March 2013
Respected Mr. Makkad has conveyed that If a client without any solid reasons do suspicion about his lawyer, generally results do not come positive for such client so better to trust upon your lawyer and do as advised.
Where in the above query any suspicion has been shown about any lawyer.
prabhakar singh
(Expert) 10 March 2013
i told u all i knew yet u r dragging it for no valid reason then i am sorry!
