Legal Notice To Wife For Cruelty

Table Of Content

• What Legal Actions a Man Can Take Against His Wife for Cruelty?
• Can a Husband send a Legal Notice to his Wife?
• How to Draft a Legal Notice Against a Wife?
• What Should Be Mentioned In A Legal Notice Against The Wife For Cruelty?
• What If My Wife Sends Me The Reply To My Legal Notice?
• Can I Send My Wife a Legal Notice for Divorce?
• Is there any purpose for writing a legal notice to the wife?
• Conclusion

Section 13 under the Hindu Marriage Act provides relief against a spouse’s cruelty. There have been many instances where a husband and his family do cruelty against his wife but nowadays this scenario has changed and there has been a surge of cases in which the wife does cruelty to the husband and in this regard, equal relief is provided to both husband and wife there being no gender bias.

What Legal Actions a Man Can Take Against His Wife for Cruelty?

Several legal actions can be taken by him against his wife for cruelty.

• Firstly the husband can opt for getting either a judicial separation decree or a divorce decree from court.
• For judicial separation, section 10(1)(b) of Hindu marriage provides for relief against cruelty in which the husband can choose to live separately from his wife legally till the problems persist between them and if they are still no improvement in the situation and chances of danger still persist then he can proceed with filing for a divorce In India.
• He can also directly file for a divorce petition under section 13(1)(1a) which allows the spouse to seek divorce on the grounds of cruelty.
• And if the criminal activity of the wife is very high then he can also press criminal charges against her. For example, If she physically hurts you, assaults or mentally tortures him.
• For physical hurt, he can directly file an FIR against the wife which would give him an easy and quick relief from the cruelty. Additionally, the husband can also seek monetary compensation from the wife if she is held liable for domestic violence.

Also Read – Understanding the Importance of Divorce Rules.

Can a Husband send a Legal Notice to his Wife?

Yes, a husband can send legal notice to his wife with the assistance of a lawyer. In some cases, it is actually mandatory to send a legal notice before filing a formal complaint in court. He can send a legal notice for restitution of conjugal rights, divorce, domestic violence, cruelty, etc. It is also favourable to send a legal notice because it further smoothens the legal process of obtaining a divorce. Sending a legal notice is really useful for both parties and it should be properly drafted by seeking assistance from a lawyer and should clearly express your demands and contentions. It serves as an inexpensive, easy, and effective way of communication between the spouses to resolve the matter before things actually go to court.

How to Draft a Legal Notice Against a Wife?

A legal notice sent to the wife is similar to all other types of legal notices and it is advisable to seek the assistance of a lawyer to draft the same. It should contain the following things:

Certain information like your name, your wife’s name, your residence, date of marriage, etc.

Then it is important to include all the facts of the incidents of cruelty and they should be stated clearly in a precise way.

Then mention all the legal grounds to further validate your contentions for ex. You can mention the Domestic Violence Act if you are drafting a legal notice to seek relief against domestic violence by your wife.

Although, a Legal Notice can be drafted by an Advocate only on his letterhead with his signature and stamp. So we at eDrafter have various experienced advocates who will understand your case first and then they will draft a strong Legal Notice against your wife. You can also ask them for legal advice where he will suggest you all the legal options for you. Here are the steps of drafting a legal notice against your wife for cruelty:

1. Visit our website www.edrafter.in
2. Then click on the ‘Services’ from Menu section. Then Choose the ‘legal notice’.
3. After that Register for Legal notice service. 
4. Our experienced  Advocate will contact you for the necessary details.
5. Give a clear idea of what needs to be covered in the legal notice.
6. The advocate will mail you your legal notice draft after he has made corrections.
7. Get the corrections done if any are needed.
8. After that once all the corrections are done, you can send where you need.

What Should Be Mentioned In A Legal Notice Against The Wife For Cruelty?

1. Parties’ Details:
   • Your full name and address
   • Your wife’s full name and address
2. Background Facts:
   • Date and details of your marriage
   • Duration of married life
   • Any other relevant background details
3. Allegations of Cruelty:
   • Specific instances/acts of physical, verbal, emotional, or economic cruelty by your wife
   • Dates, times, places of such cruel conduct
   • Details of any injuries, harm, or impact caused by the cruelty
4. Legal Grounds:
   • Mention that her acts constitute cruelty as a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955
   • Cite relevant provisions from other laws like the Protection of Women from Domestic Violence Act, 2005 if applicable
5. Demands:
   • Clearly state your demands from your wife, such as:
   • Cessation of cruel behavior immediately
   • Payment of compensation for injuries/losses
   • Returning to the matrimonial home (if she has left)
6. Notice Period:
   • Give your wife a reasonable notice period (usually 15-30 days) to respond and comply with your demands
7. Intention to Initiate Legal Action:
   • Mention that if your demands are not met within the notice period, you shall initiate appropriate legal proceedings against her, including divorce
8. Request for Acknowledgment:
   • Request your wife to acknowledge receipt of the notice

What If My Wife Sends Me The Reply To My Legal Notice?

If your wife sends you the reply of the legal notice that you served her you need to first review the legal. Notice carefully as to what pointers she accepts and what she rejects and try to understand what are her contentions and demands.

The next step would be to find a middle ground between your demands and her demands and to see if all the rejections made by her are on reasonable grounds or not.

Next, see if she has stated some counter-allegations and respond to them by issuing a rejoinder notice by defending your stance.

Also, it is really important to consult your lawyer as he can better understand the legal nuances.

In case there is no ground for mutual divorce and your wife refuses to accept any conditions you may proceed with filing a divorce petition in the Hon’ble Court which has the jurisdiction in your matter.

Can I Send My Wife a Legal Notice for Divorce?

Yes, the husband can send the wife a legal notice for divorce if he wants to seek divorce on mutual grounds. If the wife ignores the notice or refuses to sort out the matter then you can proceed with filing the case for divorce in the court. It is often advisable to send a legal notice before filing the petition in court because it clears some points beforehand and also gives an opportunity to both parties to review their problems once. 

Also Read – Difference Between Court Notice & Legal Notice

Is there any Purpose for Writing a Legal Notice to the Wife?

Yes, there are many purposes for sending a legal notice to the wife. Firstly to make her aware of your intention to seek a divorce, and it also provides her an opportunity to understand the whole matter and to resolve the matter if possible.

Providing her reasonable time to respond to you, it allows both parties to keep forth their demands and expectations to each other and decide if they can sort out their differences or if they want to continue with the divorce petition.

It is a useful method by not making things ugly and unnecessarily going and filing a case in court. It also serves as a piece of useful evidence in the court that you clearly express your intention of obtaining a divorce and it makes things in your favor because you gave her an opportunity to resolve the difference to avoid the divorce without court.

Conclusion

Filing a legal notice is an easy process subject to a lawyer’s assistance and it is a very important step before filing an official petition in the court. In many cases sending a legal notice resolves the dispute in hand and gives an opportunity to both parties to discuss the matters once and decide accordingly. Therefore it is a very useful method to resolve and review the divorce before taking it to the court as it also helps to reduce the burden of the court with lengthy proceedings and also avoids unnecessary expenditure of both husband and wife.