Can legal notice be sent to UK citizen by a lawyer in India

783 votes

Since you were married in India , there are several questions that need to be asked such as Whether it was a court marriage and was it a marriage under Hindu Marriage/ Special Marriage Act. If the answer to my counter query is yes, then she can very well obtain whatever relief she wants in an Indian Court. Secondly in case u decide not to contest her Legal Notice she will not only pursue her rights in Indian Court but can also obtain ex-parte orders against you. Once she has a court order in her favour, assuming anything such as Bailable Warrant against you. In Dipak Bannerjee v Sudipta Bannerjee (AIR 1987 Cal 491) the husband questioned the jurisdiction of Indian court to entertain and try proceedings initiated by wife under Section 125 for maintenance, contending that no Court in India had jurisdiction in international sense to try such proceeding as he claimed to be citizen of United States of America and his wife’s domicile also followed his domicile. The Court held that where there is conflict of laws every case must be decided in accordance with Indian Law and the rules of private international law applied in other countries may not be adopted mechanically by Indian courts. The Court felt that keeping in view the object and social purpose of Sections 125 and 126, the objection raised by husband was not tenable and the jurisdiction of Indian Court was upheld as it was the court within whose jurisdiction she ordinarily resided.

Advocate Vibhor Gupta LawRato

806 votes

yes your wife can pursue her case in India according to Indian Constitution where is the girl home or ID she can file case from there and what kind f legal notice is for if your legal notice is for Dowry Articles which was given to you at the time of Marriage then reply if you have or not do not say that you have.

Advocate Sandeep Singh LawRato

535 votes

A legal notice may be sent to any one and on behalf of any one. Firstly it appears from content of the quarry that the marriage was solemnized in India so indian courts would have jurisdiction over the matter. Secondly if we follow provisions of domestic voilence Act that also confires the jurisdiction to the court where wife resides temporarily or permanently. Lastly when ever any legal notice it should be replied properly for caution. Because negligence in such situation may amount to be admission. Whereas the question is related to stridhan and share investment in house purchased you can give statement of denial with reasons for stating so. The answer is based on only to limited facts stated in question.

Advocate Rohini Kumar LawRato