Legal Question in Family Law in India

My wife started living separately 3 years back, and did not respond to any conciliation efforts by me. She also took our young daughter along with her. Now suddenly a Lawyer has sent me a notice on her behalf asking for Divorce by Mutual Consent; and that I should let them have my response in 2 weeks, else they'll decide their course. I am still looking for a professional counselling and conciliation, with definite NO to a divorce.

Question 1: Should I be responding directly to her lawyer myself (I can write quite well), or necessarily engage a lawyer to respond for me in legal language;

Qs 2: If I respond directly, can I reiterate the facts of our long happy marriage (20+ years), my wife's abrupt walkout and not providing any opportunity for conciliation, keeping our daughter with her without any mutual agreement; and also requesting her lawyer to guide her first towards a Professional Counselling process?

3. In case you can share a draft response with legal aspects for this purpose, it would be additionally helpful.

Thank you.


Asked on 12/13/13, 10:27 am

2 Answers from Attorneys

If you want to give the marriage a chance then please file a petition for restitution of conjugal right under section 9 of HMA. (presuming you got married as per hindu rites) .Immediately reply to the legal notice. for that it would be better if you sought professional help. for further query contact 9312411481

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Answered on 12/13/13, 6:13 pm

send reply and file case for conjugal rights

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Answered on 12/14/13, 10:56 pm


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