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Is it mandatory to send legal notice before filing RCR in family court


30-Dec-2023 (In Divorce Law)
Before filing a petition in court regarding RESTITUTION OF CONJUGAL RIGHTS, is it mandatory to send a legal notice through advocate ? I have sent a personal registered post to my wife to join our matrimonial life. Based on that response, can I file a petition in family court ? How many days I have to wait for the reply for the registered post which I sent .
Answers (2)

Answer #1
888 votes
hi
in general, you need not send any notice asking your wife to return to the marital home. however now that you have sent the notice, you should wait for atleast 30 days from date of receipt of notice before filing RCR petition

Answer #2
948 votes
Serving of legal notice is not mandatory requirement for filing restitution of conjugal rights. You may directly file RCR. However in case you are serving legal notice please ensure all legalities are duly covered otherwise it may affect your case.

Should you have any queries please feel free to call.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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