Civil Procedure Code (CPC)

Legal notice to wife


Hi All,

My wife has done everything, CAW complaint then came back, Police complaint, conspiracy against us which was caught red handed. But she never benefited from all this. Because she also knew that all her allegations were false & fabricated. She had done all that to dominate me. She left my house 7 months back and staying with her family. I tried to talk to her, but she is showing attitude and not replying. She is in influence of her family members and few relatives from our side.

Before filing divorce, I want to give one chance to my wife for the sake of my daughter's(3 years) future.

Few of my relatives and friends are asking me to send her a legal notice. But few are asking me to put divorce directly. If you want to give a chance to her, it can be done in mediation during divorce case too.

Please advise me on the following:

1. Advantages and disadvantages of legal notice through a lawyer.

2. Advantages and disadvantages of giving a chance to her in mediation during divorce case.

Thanks.

 
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subregistrar/supdt.(retired)

To me, you know the behaviour, conduct and character etc. of your wife.  So you think.  If you wish to continue your family life amicably settle the issue by taking the help of your elders, her elders and well wishers of both of you. If your wife thinks positively for legal notice, then no problem otherwise she will also ready to fight in court.


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Retired Manager

The matter between Wife and Husband is a very delicate matter. Therefore, it is for you to decide on the matter and not depend upon advice from others.


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Advocate

i am really appreciated you that you are thinking about your child. Better to solve the issue by amicable manner with the support of senior and friends. If you issue notice then it added  fuel to the fire. so think and act . for  which better to seeking local lawyer advise.


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in case you want her back, try to settle issues by the intervention of family members & relatives. lawyer's notice or court notice, both are going to convey that u intend to divorce her.

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Retired employee.

There may be several famous counseling centers and District Legal Services Authority, an approach to them let everything in be black and white before Mediators that provides a record of your efforts.  The notices will be served through them as a conciliation petition, the minutes, written statements, findings will be on authentic record that may help you in future litigation.  There are many voluntary organizations that exclusively help men in matrimonial affairs such as Shoneekapoor etc.  Search in google and they will provide you guidance free of cost.


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Thanks for your valuable advise. Really appreciate.

 
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Advocate

There is nothing wrong in giving a chance to your wife to reconcile her differences with you and rejoin you in the marital voyage once again to maintain the sanctity of the marriage. 

If you feel that by sending  legal notice she may realise her mistake and rejoin you, then you can go ahead with the proposed legal notice.

However if the legal notice provokes her to go for more false cases against you, then you may have to be prepared to face those eventualities as well.

If you feel that it is no more possible or feasible to live with her under the stressful conditions and not able to tolerate her tortures anymore, you may even plan to file a divorce case directly 

You may discuss with the elders of your family and come to a conclusion about the next step on this. 


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@G.L.N. Prasad, Sir, please let me know the process of approaching District Legal Services Authority. do I need to visit there on it can be done online?

Do I need to give any written complaint/application over there?

 
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Advocate

You can approach District legal services authority with an application containing the details of your marriage history, the problems you are facing now and the relief you desire for which you have approached the DLSA.

On receipt of your of your complaint against her, the authorities will send her a notice to appear before them for mediation/counselling or reconciling the differences between you both 

You may walk in to the nearest court within your residential jurisdiction and submit an application to this effect. 


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