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Should I send a legal notice for Mutual before filing Divorce Petition


03-Jul-2025 (In Divorce Law)
I know my wife will not agree for divorce. But after one year of our time together I am sure I cannot spend my life with this person. Staying apart since 29 Dec'24. How do I proceed. Should I first send a legal notice for Mutual.D OR should I directly file a case of divorce. From K. Srinivas Rao vs. D.A. Deepa (2013) ruling, matters must be mediated before litigation. But what if she files DV cases against me after receiving legal notice?
Answers (5)

Answer #1
905 votes
If your wife is unwilling for mutual consent divorce, you may file for contested divorce citing valid legal grounds. Legal notice is optional but can start a dialogue. If she files a DV case, you can defend it on merits. Courts generally order mediation first. However, false DV cases are common. Consult a lawyer for proper strategy before sending any notice.
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Advocate Sachin Jain

Adv. Sachin Jain

LawRato Delhi | 25+ Answers
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Answer #2
536 votes
The suggestion for you is as follows. 1. If you send a legal notice then it is 100% confirm that she will file a dowry and DV case against you. 2. File a divorce petition under Section 13 HIndu Marriage Act, 1955 for mutual divorce. 3. If your wife files a case after your petition then we will quash that in Delhi High Court on the basis of recent Supreme Court Judgements.
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Advocate Anuj Goel

Adv. Anuj Goel

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Answer #3
634 votes
Sir, if she files DV cases against you then you will have to defend. To save you the unwanted pain the step of meditation is there. As my earlier answer, you have to explain the situation to pursue it properly.
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Advocate Ishan Parashar

Adv. Ishan Parashar

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Answer #4
885 votes
You need not serve her the legal notice. You can just straight away file a divorce petition before the family court according to your jurisdiction. And if possible try for mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #5
887 votes
you can directly file for divorce on the grounds as per Hindu marriage act. No need to send legal Notice. if she is not agreed for mutual consent then you have another grounds for divorce. You have already living separately since year. it seems there is not possibility to live together. it is better to separate and live happily.
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