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Notice without Consent

Querist : Anonymous (Querist) 16 January 2011 This query is : Resolved 
A legal Notice has been served to husband by his Wife's advocate. However, wife consent was not taken by advocate before sending such notice to husband. A)what could be the possible consequences of the same if wife has objected to such notice as to her consent was not taken by advocate. B)What is the procedure required to be follow by advocate for taking client consent to such notice?

Please advise.

Thanks.
Raj Kumar Makkad (Expert) 16 January 2011
A. If wife has objected to either or all contents of the notice then she may send second notice correcting the earlier simultaneously mentioning the reasons to send such notice twice and no further consequence shall follow.

B. Advocate/lawyer should obtain the signature of sender of notice on each and every page of notice before delivering it.
Devajyoti Barman (Expert) 17 January 2011
Yes I agree.
Amit Minocha (Expert) 17 January 2011
if wife has an objection to the contents she can ask for withdrawal of notice
Advocate. Arunagiri (Expert) 17 January 2011
I fully agree with Mr.Makkad.


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