Rajeev Nair (Professional) 26 April 2012

Please answer me

Hi,

My bro in law is planning to divorse my sister, she is currently working in a MNC and bro in law also working in a MNC. Some one please anwer my quistions.

1-Is it possible for him to send the notice to her office to spoil her image?

if yes is that legal?

2-If he send any notice is there any chance that any private company can terminate her from job?

3-if both the parties are ready for a mutual divorse, how much time it will take for the settlemnent?

and is there poosibility that he can disturb us in anyway in future?

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9 Replies

Shantanu Wavhal (Worker) 26 April 2012

maintaining Bona-fide intentions will be advantageous.

no fixed time frame. cases are decided on merits.

adv. rajeev ( rajoo ) (practicing advocate) 26 April 2012

If notice is sent to the co., it doesn't make any difference.Your sister don't have to worry about that.

Divorce decision , it depends on the court pending cases.

MADURAI LAWYER (LEGAL CONSULTANT) 26 April 2012

Kindly feel free to speak to me on 9842197857 to get proper legal advice in this case.

https://www.jeevaganadvocate.com/contact.php

Adv. Chandrasekhar (Advocate) 26 April 2012

Originally posted by :Rajeev Nair

1-Is it possible for him to send the notice to her office to spoil her image?

Notice will come in closed envelope so that her colleagues may not be knowing what is there in the notice.

if yes is that legal?

No illegality is there.

2-If he send any notice is there any chance that any private company can terminate her from job?

If the allegation is not moral turpitude, then the employer cannot terminate her services. Even the allegation is moral turpitude, the employer has to conduct his "domestic enquiry" and if the allegation is proved, then only he can terminate her services. That termination also can be challenged in the appropriate court.

3-if both the parties are ready for a mutual divorse, how much time it will take for the settlemnent?

Six to seven months.

and is there poosibility that he can disturb us in anyway in future?

If he disturbs, you have legal remedy to restrain him.

rajiv_lodha (zz) 26 April 2012

1-Is it possible for him to send the notice to her office to spoil her image?

if yes is that legal?

>> Sending any legal papers to ones address where he/she works in a company in not illegal in any way nor defaming too!

2-If he send any notice is there any chance that any private company can terminate her from job?

>> No way!

3-if both the parties are ready for a mutual divorse, how much time it will take for the settlemnent?

>> MCD takes a minimum of 6 months. Remember, couple shud habve been living separately for 12 months b4 applying 4 MCD

and is there poosibility that he can disturb us in anyway in future?

>> Depends upon ur MCD draft

SAINATH DEVALLA (LEGAL CONSULTANT) 26 April 2012

Mr.Rajeev,

Whatever the reasons may be,why don't you along with the elders of both the families go for a mediation,so that there is a posibility of the matter settling amicably.I would not like to eloborate about the other aspects you have mentioned.Answered by the experts.Famili councelling can be done.If you people fail to convince hiom and he is adamant for the reasons known to him,then recomend for a divorce.

K.K.Ganguly (Advocate) 26 April 2012

1) It is not illegal to send Notice to offici address,

2)Companies have service conduct rules & employees are terminated for misconduct as per service conduct rules, not for getting divorce notice,

3) Depends on the case & Court

SAINATH DEVALLA (LEGAL CONSULTANT) 27 April 2012

Dear Ganguly,

When the residential address is not available,there is nothing wrong in sending the noticew to the oficial address.No employer shall object.

K.K.Ganguly (Advocate) 27 April 2012

Dear Mr.Devalla,

Exactly that is what I have informed. "It is not illegal to send Notice to official address". Even if residential address is available, notices can be sent to official addresses. Numerous such notices/summons are daily being sent from the Court itself to multiple available addresses of Defendants.

No Employer can legally take offence & act arbitarily against its employee just for receiving notice from her husband regarding a Divorce Application.