Apni Law Staff asked 1 year ago
My brother wants a divorce, but his wife doesn’t. He sent her a divorce notice with reasons and signatures from two witnesses by post. He also sent money for her maintenance during the waiting period. However, she refused to accept the notice and returned it. What should we do now? Is the divorce valid? Should we send the notice again, this time without our names and address on the envelope?
Best Answer
Apni Law Staff answered 1 year ago
Under Indian law, a divorce requires a court decree. Sending a notice by post, even with witnesses, is insufficient. Your brother should file a divorce petition in court. Returning the notice doesn’t impact the legal process. Hiding your identities on the envelope won’t make the notice valid; it could be construed as an attempt to avoid legal process.
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