• Give notice or directly file divorce?

Is it necessary to issue a notice before filing divorce?
wife is staying away for 14 months, no msgs, no calls, no communication.
we never stayed together, only on weekends we use to meet for the first 4 months, 18 months old marriage, she use to study in a college in same place itself, they never showed interest in putting up a home. She told clearly she is not interested and ready to get divorced, their parents are playing games.
if we give a notice is there a chance they file any false cases or do we need to directly file divorce?
what are the necessary precautions to be taken and step by step process to file divorce ?
Asked 1 year ago in Family Law from chennai, Tamil Nadu
Religion: Hindu
Hi, if you sent the notice to them it is helpful you to  know the probable defense of their before filling the petition for divorce so it will help full for you to prepare the petition for divorce.

2. Secondly they may lodge a police complaint against you but one thing you must remember that police will not arrest you immediately as per the latest Supreme Court Guidelines police have to sent notice to you so in the mean time you can  apply for anticipatory bail.  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) instead of legal notice sent email or letter to wife that she has left her matrimonial home on her own accord 

2) that inspire of repeated telephonic requests she has refused to return to her matrimonial home 

3) contact a local lawyer and file for divorce on grounds of mental cruelty 

4) refusal to stay with husband amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. If you file a divorce suit, she might say that you have told her to stay at her place since you are not ready to start family life,

2. So, it will be proper and  prudent on your part calling upon her to join you with in 7 days failing which you will take legal action against her, 

3. As regards her filing cases on receipt of your notice, please note that she can file those false cases after receiving notice for your divorce suit also. So, it is not an issue,

4. Collect all evidence of her cruelty to file te divorce Suit on the ground of cruelty after issuing legal notice on her  calling upon her to join you.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. There is no legal requirement to issue a legal notice before filing for divorce. 

2. They may file the cases against you regardless of whether you issue them a lawyer's notice before going to court, or directly go to court.

3. If they file false cases against you then immediately take bail to avoid being arrested.

4. You are at liberty to unilaterally file for divorce on the basis of cruelty.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Issuing a notice before initiating divorce proceeding is not mandatory.
You  may proceed with the proposal to file a divorce case as desired without giving her a notice too. 
Necessary Precautions to be taken will include obtaining an anticipatory bail in the even of she lodging a police complaint after receiving a complaint. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
If your marriage is not consummated then you may file for annulling your marriage u/s. 12 of the Hindu Marriage Act 1955. In this case you won't get the title of divorcee. You may directly file petition not necessary to send a legal notice provided you know their proper address. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1) you have to decide whether you want your wife to stay with you or not 

2) your wife will never agree to sign any bond 

3) if wife admits her mistake it will help you in case she makes any further complaint later 

4) you are at Liberty to stay separate from your wife without getting married again . Without divorce there can be no remarriage . Wife can claim maintenance from you if she is not working 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
If she says that before the court that she's ready to come back the court might give her second chance and direct both of you to stay together for few months and then again after the stipulated time you will have to go to court about your decision to cohabit together or to separate. 

Maintenance is paid on basis of wife is not earning or earning but not sufficient enough to maintain herself whereas the husband is having all the possible means to maintain her in terms of money. 

Section 10 of the Hindu Marriage Act 1955 provides for Judicial Separation in. Which the couple can stay separately after a decree of judicial separation to give a last chance to their marriage. 


Regds, 

Adv. Payal 

Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
What if she says she is ready to come back now before court?
You may decide on the issue as per the prevailing circumstances then.

Can we ask for a bond stating all the things happened till now ?
What is the use of obtaining such bond because it cannot be used against anything  in  law, so you can obtain it only for threatening her in the future if she resorts to such acts again. 

If she agrees all her mistakes before court, will it be legally binding on her in future ?
Nothing Is legally binding except if she commits the same on oath in an affidavit format.

Is there a provision to stay separately (without another marriage) and pay maintenance, because of cruelty, rudeness (any other grounds)???
Yes, it is your own will and wish to stay away from her, nobody can force you to live with her including the court. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1 . On paper the wife can speak of staying with husband but husband can't insist for any bond. There is no need for sending notice first.
2. If divorce is not possible then you can stay separate and provide for her maintenance. 
3. Even after giving written undertaking case can be filed by wife on subsequent event.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Despite her undertaking before the court that she is ready to come back and join you, you can still elect to continue the divorce proceedings initiated by you.

2. You cannot ask her to execute any 'bond'.

3. Even if she agrees to her wrongdoings she will incur no legal liability if she commits them again.

4. You are at liberty to stay separate from her. No court can force you to stay with her if you do not want to.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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