• Reply to a legal notice

Divorce notice have been sent to my sister.Its mentioned in the notice that a reply had to be sent within 10 days.Is it mandatory to send a reply within 10 days
Asked 1 month ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

No there is no such mandatory period of reply in law

Prashant Nayak
Advocate, Mumbai
33737 Answers
227 Consultations

No, it is not mandatory to reply within ten days. If you don’t reply within ten days, it will be taken to mean that you have accepted the false allegations made in notice. But it is better to issue reply to every point in the  notice, you can give such reply within fifteen days. As notice is sent to sister this will be useful to you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father  is natural guardian and custodian of child with visiting rights  to mother .
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 

 

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son/daughter.

Ravi Shinde
Advocate, Hyderabad
4933 Answers
42 Consultations

Giving reply to notice for Divorce is neither mandatory nor required.

Once can file suit for divorce even if no notice for it is sent. 

Devajyoti Barman
Advocate, Kolkata
23550 Answers
533 Consultations

It is not mandatory to send reply. However, to submit Reply or not depends on contents of the notice. Also, before sending a reply consult a competent lawyer and make sure that the reply should be the one which would be your reply in any subsequent/future suit or petition filed by opposite party. 

 

Yashpal Singh Dehiya
Advocate, Sonipat
12 Answers

Hello,

It's not mandatory to reply a notice.

You can ask your lawyer to draft a reply rebutting the accusations but it shall have little effect on the later stage of a suit ,if any, filed by the other party.

Hope this helps.

Regards

 

Swarupananda Neogi
Advocate, Kolkata
2988 Answers
6 Consultations

not necessary . you can send reply at the earliest 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

1. 10 days' target time is given to take necessary reconciliation action in your sister's interest. That's the reason, why reply is sought from your sister within 10 days.

2.  To avoid further legal action,  as detailed in the Divorce notice, it's better to reply within 10 days, otherwise legal action for obtaining Divorce may be initiated from their side.

 

Shashidhar S. Sastry
Advocate, Bangalore
5548 Answers
338 Consultations

No, the deadline of 10 days is not mandatory at all, legally. Let your sister engage a competent lawyer and reply to the notice in due course.

Swaminathan Neelakantan
Advocate, Coimbatore
3024 Answers
20 Consultations

No, it is not legally mandatory to reply to a divorce notice within 10 days—but it is strongly advisable to send a response promptly, preferably within the time mentioned in the notice.

Here's why:

  • The 10-day period is generally set by the sender as a reasonable time for response, but it does not carry statutory force under Indian law.

  • However, not replying within the specified time can be interpreted as indifference or non-cooperation, which may go against your sister's interest later, especially if the case proceeds to court.

  • A well-drafted legal reply can:

    • Deny or clarify allegations.

    • Record your sister’s version of facts.

    • Place her intentions on record (whether she’s open to reconciliation or contesting the divorce).

    • Be useful evidence in future proceedings.

Recommended Action:


Ask your sister to consult a family lawyer immediately. A reply should ideally be sent within 10–15 days, unless there’s a serious reason for delay (travel, medical, etc.), in which case the lawyer can mention that in the response.

Would you like help drafting a reply to the notice? I’d be happy to assist if you can share:

  • A brief summary of the allegations.

  • Your sister’s stance (contesting divorce, mutual separation, reconciliation, etc.).

  • Jurisdiction (where she and her husband reside).

    Thanks & Regards,

    Adv. Aman Verma
    Legal Corridor

Aman Verma
Advocate, Delhi
400 Answers

No, inform them in writing that it is not possible to reply within 10 days and you will reply in 30 days, or whetever reasonable time you want!!

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
318 Consultations

- There is no provision to send a legal notice for filing a divorce petition before the Court. 

- Further, any notice or documents out of the Court for divorce is not valid. 

- Hence, it is not mandatory to reply of the said notice , and if you want to send a reply of the notice then also it is not mandatory to send it within 10 days. 

Mohammed Shahzad
Advocate, Delhi
15400 Answers
235 Consultations

A reply notice to the legal notice will avoid complications in the litigation that may be followed subseuently.

You can issue a reply notice denying the allegations because remaining silent even after receiving the legal notice will be considered as an admission to the allegations leveled by the opposite party through the said legal notice. 

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

It is better to submit the reply in order to foil his attempt of divorce.  

Ganesh Singh
Advocate, New Delhi
7059 Answers
16 Consultations

Dear Client,

There is no legal requirement under the Indian law to respond to a divorce notice within a period of 10 days strictly. In most of the matrimonial dispute cases, it would be fair to respond to a divorce notice within a span of 15 to 30 days, but there is no legal provision for a hard-and-fast rule of a strict 10-day time limit as such. If the sister does not reply within the required time, the sender can go ahead and file a divorce petition with the court. But non-response does not equate to acceptance of the allegations or granting of divorce. It is better to have a lawyer consult before responding. It is to be noted that silence is not legally fatal. Courts are interested in evidence and facts in the course of divorce proceedings, not merely in whether a notice was responded to or not.

Anik Miu
Advocate, Bangalore
10720 Answers
123 Consultations

No, it is not legally mandatory to reply within 10 days.
A divorce notice is not a court summons, and there is no fixed legal penalty for missing the reply deadline.

However, it's strongly advisable to:

  • Consult a family lawyer as soon as possible, and

  • Send a proper written reply to protect your sister’s legal position and avoid negative assumptions in court later.

A timely, well-drafted reply can help:

  • Clarify her stand,

  • Refute false allegations (if any), and

  • Possibly open the door for settlement or mediation.

Shubham Goyal
Advocate, Delhi
1339 Answers
8 Consultations

No, it is not legally mandatory to send a reply to a divorce notice within 10 days. The "10 days" mentioned in the notice is generally a formality or request from the advocate who issued it on behalf of the husband of your sister, it is not binding under law. However, it is highly advisable to send a well-drafted legal reply as soon as possible ideally within a reasonable time (usually 15–30 days) especially if:

  • The allegations made in the notice are false or one-sided

  • Your sister does not consent to divorce or intends to contest it

  • She has claims for maintenance, child custody or return of stridhan/dowry articles 

  • She wants to put her version of facts on record.

Sending a reply also helps prevent adverse inferences later in court and shows she is actively engaging in the legal process.

For any further legal assistance, clarification or to pursue appropriate remedies, please feel free to contact me.

Regards,
Adv. Ajay Kumar Augustine
Advocate, Rajasthan High Court, Jodhpur
Email : adv.ajayaugustinegmail.com

Ajay Kumar Augustine
Advocate, Jodhpur
20 Answers

Legally 30 days is mandatory... 

If husband send notice to wife and asking for a short period that will not work...! 

You can ignore it and can show this in the court and husband did not compiled the terms. Can be a good ground of Divorce threat from Husband to wife. 

Dinesh Kumar
Advocate, New Delhi
39 Answers

No. It is just written to intimidate. 10 day is not a reasonable time to respond to a legal notice. At least 14 days should be given.

reply to the legal notice is not even compulsory. You can reply once you get summons from the court along with Petition

Siddharth Jain
Advocate, New Delhi
6469 Answers
102 Consultations

Ask a Lawyer

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