• Regarding notice from lawyer

I have been separated from my husband forcibly by my husbands family member and they dont allow my husband to talk to me. I send messages to him but thats only love message and wishes message. In the letter the lawyer have written i have left home myself by abusing my husbands mother and father and have not shown any interest in joining him from past 4 years.
I was trying to contact but his family is trying to hide and dont allow to talk.
If i wont send reply to that lawyer who have sent me the letter what will happen.
He have written as if i am not interested in staying with him.
What they have done abused my family and they are putting that blame on me.
If i wont be ready to give divorce what will happen? what they can do?
Please guide me.
Asked 5 years ago in Family Law
Religion: Hindu

5 answers received in 10 minutes.

Lawyers are available now to answer your questions.

28 Answers

1) you must reply to legal notice

2) deny all allegations made in legal notice

3) mention that you were forcibly separated from husband by your in laws

4) that you are willing to return to your matrimonial home

5) if husband files for divorce contest the divorce proceedings

6) contested divorce cases take 5 years to be disposed of

7) husband will have to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

If you do not send a reply, the allegations against you in the lawyer notice shall pass on unrebutted.

If you're interested in discharging your conjugal rights, you may respond accordingly.

If you do not give your consent for divorce, your husband may contest a case of divorce against you.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

If i wont send reply to that lawyer who have sent me the letter what will happen. - He may file a restitution or divorce. Even otherwise, he is preparing to file a restitution or divorce against you.

He have written as if i am not interested in staying with him. - Deny them if they are untrue.

What they have done abused my family and they are putting that blame on me. - Deny them as well.

If i wont be ready to give divorce what will happen? what they can do? - They will not get divorce. Engage a competent lawyer and challenge your husband's case. You will win.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Just reply the notice the way you look to do so.

You may hire an advocate to help you in the starting or take the service from the panel lawyers in the portal.

You need to immediately file FIR of mental harassment by your husband and his family for not being traceable from last four years and avoided the contact.

You need to file a case of maintenance under section 125 of CrPC for the maintenance for the separation period.

Filing a divorce petition is another option from both the sides and it is up to you if you agree for that and how and why.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Hello,

If you dont send the reply then the case of the husband will become more strong.

you must reply that you have always been willing to live with the husband bu the husband is not allowing to live.

If you are not ready to give divorce then they will file a case for contested divorce, which will take 2 years to get decided.

regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Firstly, try to keep all the records of the conversation by any means with you.

Secondly, if you don’t reply to it nothing more would happened but they might a divorce case on you.

Thirdly, if you don not want to give divorce no one can force you to do so.

And if they say on the ground of desperation then remind them in the court they you always tried to contact them. That’s it.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

It is better for you to reply to the notice denying all allegations.

Secondly if you do not wish to go for a divorce apply for restitution.

You will need the help of a competent lawyer for the same

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

Dear Cleint,

Such allegations wont harm u but as a defense u should reply to notice via notice giving all the details that u have tried to reconcile with him and also, refuting misleading notice.

Can contact for reply notice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Well,there is no harm in sending reply to the said notice.

2. You may try to meet him in person if you are not allowed to talk to him.

3 Personal meeting often resolve the crisis.

4. if you're not ready to give divorce then he will have to file suit for divorce which takes time and if the allegations raised by him is not proved he willnot be given the decree of divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

Hi mam, it is advisable to send the reply of the legal notice ..secondly , you can file a RCR petition..it is a process where court try to settle disputes through mediation proceedings..

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

Hello,

If you do not want to reply then go ahead and file a suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act.

If you will not reply, then they will file a suit for divorce saying that they have called you but you are not responding.

regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

If you don’t reply to legal notice adverse inference can be drawn against you

2) you need not file for divorce

3) you must deny allegations made in divorce notice

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

You don't have to file a petition for divorce but for restitution of conjugal rights.

Please contact a lawyer who will be able to explain to you the procedure in detail

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

Why court will believe u if u will not reply ur intention to stay together and refute their allegations.

File writ of Habeus corpus in high court that they forceful kept ur husband in hide or file FIR of kidnap.

Police will find out where he is or otherwise court will call him to tell his intention whether he kept under forceful detention or by choice.

His he a kid, that under family force. Silly excuse.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes you can and must do that.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

If i wont reply can i say in the court that i am interested to live with him and deny all alegations made by them. - You can deny in the court of law. File a counter claim for restitution of conjugal rights and put effective defence ffrom your side to live with him. The public policy of the marriage law is to uphold the sanctity of marriage, therefore divorce cannot be granted unless and until circumstances warrant.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

If that is the case, you may choose not to reply.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

The letter you have received from the lawyer is actually a Notice that has to be compulsorily sent before filing a Divorce Petition in Court. You have to reply back to this letter (Notice) as soon as possible and thereby deny every allegation made against you in the letter, otherwise the Court will presume that whatever allegations made against you are true and hence you did not reply and deny them.

If you dont want to give divorce, then under any and all circumstances, you have to reply to this letter (notice) from the lawyer... otherwise your case will be very weak in the Court. you can send me the pic of this letter (Notice) from the lawyer, and I will read it and draft a suitable reply for you.

Kiran Kamthe
Advocate, Thane
27 Answers

4.9 on 5.0

You should reply the said notice after narrating all the facts ,which you have mentioned here .If reply not send on behalf of you ,they will file a divorce petition on the ground of separate living since last 4 years.

In your reply mention that you are interested to live with your husband and due to in-laws you are unable to continue with him.

As you dont want to divorce him , then wait till filing a petition by him and dont give your understanding for mutual divorce.

Even, if not reply the notice send by him , sure you have right to say before the court that you want to continue with your husband and also can put your conditions of living ,if any.

If, you want to live with him , then no court of law will pass an order of separation.

Mohammed Shahzad
Advocate, Delhi
10304 Answers
123 Consultations

5.0 on 5.0

Madam,

you can reply through your lawyer and you can file petition for restitution of conjugal right before family court no one can forced you to take Divorce.

it advisable to you go to Court for appropriate relief.

Ashok Shivaji Gawai
Advocate, Mumbai
3 Answers

4.0 on 5.0

it is better you file a petition for restitution of conjugal right instead of divorce, alleging that your in laws are not allowing you to reside with your husband, so that you can live separately with your husband without interference of your in-laws.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

1. There is a blame leveled against you in the said letter which you should deny and counter otherwise it will be claimed before the Court that you have not rebutted the allegation implying that you have accepted the same.

2. You are no body to give him divorce or refuse to give him in a contested divorce case. it is the Judge who will pass the decree of divorce or reject the divorce petition.

3. The said legal letter is prelude to filing the divorce suit which will be filed shortly by your husband.

4. If you do not want divorce, then give reply to the said legal notice and contest the divorce petition fittingly.

5. You can also file an application claiming maintenance for you from your husband.

6. If you do not contest the divorce petition to be filed by your husband, your divorce decree will be p[assed ex-parte.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. No, the said lawyer's notice does not show that It indirectly shows "they are not willing to go to court and trying to settle it out of the court".

2. Before filing suit, such lawyer's notice is sent as per law.

3. It is hard to believe that your adult husband could not get opportunity to contact you or meet you even once in last 4 years of your separation and the said lawyer's notice has been sent without his consent.

4. Stay alert and take legal action which you are required to take to protect you legally before things are decided by the Court ex-parte without hearing you.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. If a lawyer's notice has been served on you wherein false insinuations have been made then it ought to be replied, failing which it may be treated as an admission. So reply through your lawyer.

2. If you are not ready for divorce and wish to be with your husband then you may file a DV case under Section 12 of DV Act to seek right to reside in the shared household of your husband and also protection order to stop further acts of domestic violence.

3. You can fittingly contest the divorce petition as and when he files.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send a detail reply by lawyer stating all the things written in that notice to be false. Appoint a lawyer he will draft a proper reply to that notice for you. It is good to reply as it will strengthen your case. They can file Divorce in Court when I receive summons you can file your reply that you don't want divorce.

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

You can file a petition for restitution of conjugal rights u/s 9 of HMA.

After that things would be more clear.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

The legal notice states that you have voluntarily abandoned the matrimonial home without any valid reason.

If you dont deny the alegations leveled against you then it will be deemed that you are accepting all the allegations against you.

This will become a strong reason for him to file the divorce cae against you.

You have to give a reply notice denying all the allegations leveled against you and then should narrate in brief about the cruelties that you were subjected to and other aspects which you rely upon.

T Kalaiselvan
Advocate, Vellore
79210 Answers
1614 Consultations

5.0 on 5.0

You should give a reply denying all the allegations and also refuse to give your consent for mutual divorce.

If they file a divorce case you may express before court that you are willing to live with him and also can make a counter claim for restitution of conjugal rights.

T Kalaiselvan
Advocate, Vellore
79210 Answers
1614 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer