What happens if no notice is given in reply to divorce notice, can I file a divorce case?
Yes, a divorce case can still be filed even if the respondent does not respond to the divorce notice.
Before filing a divorce case in court, the filing husband or wife may send a notice through the lawyer to the opposing party that the case is to be filed.
It is popularly known by many names as a Lawyer notice or divorce notice,and advocate notice.
Lawyer notice or divorce notice is not important in divorce cases but lawyer notice in divorce case is only an information for additional evidence. You can file a divorce petition against the estranged spouse even if the respondent does not respond to the lawyer’s notice for divorce.
In India, divorce cases are governed by the Hindu Marriage Act, 1955 for Hindu couples, the Special Marriage Act, 1954 for inter-faith couples, and the Divorce Act, 1869 for Christian couples. The process may vary slightly depending on the applicable law.
To initiate a divorce case, the petitioner must serve a notice to the respondent, informing them about the intention to file for divorce. This notice must comply with the requirements laid down by the law and must be duly delivered to the respondent.
If the respondent fails to respond to the divorce notice within the stipulated time (usually 30 days), it is generally considered as non-compliance, and the petitioner can proceed with filing the divorce case. The petitioner will need to submit the necessary documents and evidence supporting their case to the appropriate family court.
It is important to note that even if the respondent does not respond to the divorce notice, they will still have the opportunity to present their side of the case and contest the divorce proceedings during the court hearings. However, the court may proceed with the case in the absence of the respondent’s response, considering the lack of cooperation or communication from their side.
It is advisable to consult with a lawyer who specializes in family law to understand the specific requirements and procedures applicable to your case.
Example:
Suppose a husband is separated from his wife and he wants to file a divorce case and for this he consults a lawyer. Then he sends a lawyer’s notice to his estranged wife explaining the reason for the divorce and if she receives it and avoids sending any reply, the husband who sent the lawyer’s notice can freely file for divorce. This also applies to the wife, which means that what I have said above can also be taken to mean that the wife sent the notice instead of the husband.
Is it useful to send a lawyer notice in a divorce case?
Is there any benefit in sending a lawyer notice in a divorce case? Yes, there is a benefit. After receiving the lawyer’s notice, we can know the state of mind of the other party. After years of litigation, the results can be negotiated and obtained immediately.
Mandatory response to lawyer notice in divorce case?
In a divorce case, if the petitioner sends a notice to the lawyer, it is not necessary for the respondent to respond. After the case is registered in the court, summons will be sent to the respondent and if he does not appear in the court and respond after receiving it, the case will end against the respondent.
What to do next if the respondent does not respond to the lawyer’s notice in the divorce case?
If the respondent does not give any response notice after sending the lawyer’s notice in the divorce case, the petitioner who sent the notice can file a divorce case in the family court or in your district court for divorce, whether the petitioner who sent the notice is a husband or wife.
After the suit is filed in the said courts and court summons are sent to the opposite parties, the respondent has to proceed with the suit.
Now it is clear to you that divorce can be filed even if the respondent does not respond to the divorce notice. And follow the lawyer’s instructions to conduct your cases properly.