Notice
Anita Singh
(Querist) 18 September 2011
This query is : Resolved
I am a junior advocate and i have draft a notice on behalf of my client whos husband not taking her and her baby responsbility i am sending u my notice pls check and correct me if i am wrong any where and pls send me a example draft if any gramatical mistake pls correct
To,
Mr. Dinesh Nanu Raval,
Surat
1. Under instruction from and on behalf of My Client, Mrs. Manjula Dinesh Raval, Aged 30 Years, Residing at, 2/2 Avichal Building, Sanghani Estate, LBS Marg, Ghatkopar (West), Mumbai-400086. I have to address you as follows:
2. That My Client is your legally wedded wife. Your marriage with My Client has been solemnized at Rajasthan on / / 2006 according to Hindu religion, Vedic rites and ceremonies in the presence of friends, relatives and family members of both the parties.
3. That after your marriage to My Client, you resided and cohabitated with my client for about one and half years, in Surat (above said address).
4. That out of the said wedlock, My Client begotten a daughter named Jenny, on April 2008.
5. That during the period of your cohabitation with My Client, you used to very, strict, adment and treated her with humility and insult.
6. That on September 2007 when My Client conceived and she informed you but you didn’t take care of her and you did not take her to hospital for checkup. In spite of that she was pregnant you and your family member continued to harassing her and also she was made toil she was made to labor in the house from morning till late at night and when she complaint you about this you beat her by twisting her hands and slapping on face. You and your family prevented her from visiting her from her parents and also prevented her parents from visiting her matrimonial home. Any how she informed her parents about her pregnancy and this harassment and her parents came to take her to her paternal home but you people didn’t allow her to go with her parents and abused her parents.
7. That in April 2008 My Client gave birth to a baby child at her matrimonial home only because when she got labor pain and told you to take her Hospital for delivery of her child you didn’t take her to hospital. After one week your cousin brother came to you and convinced you to take her in the hospital then you took her to civil hospital in surat and she was admitted in the hospital for 15 days and her parents and younger brother came to meet her and to see her child but you and you family showed your attitude to them and not talk with them properly and also didn’t allow them to meet my client and her baby child. After fifteen days you brought her at home and kept her in a tiny room and not given her medicine and also not given her proper food after three month on dated ________________ she compelled to reside with her parents. My Client parents given her and her baby child medical treatment now almost three years has been passed but no body came from her matrimonial home to see her and her baby and not even called her and when My Client and her parents tried to call you but you did not gave any answer to them.
8. That taking into consideration the very delicate relationship between My Client and Yourself and also giving second thought to the future of the yours baby My Client does here by call you to resume cohabitation with her in 7 days from the receipt of this notice and take the responsibility of My Client and your and My Client baby, failing which you will forced My Client to take appropriate legal action against you and shall also be liable to bear the cost of the litigation which you please note.
Client
Mrs. Manjula Dinesh Raval,
Yours faithfully
Advocate
Advocate Rajkumarlaxman
(Expert) 19 September 2011
i am attaching below the legal notice sent by me according to the facts and circumstances check out.
Advocate Rajkumarlaxman
(Expert) 19 September 2011
i am attaching below the legal notice sent by me according to the facts and circumstances check out.
Advocate Rajkumarlaxman
(Expert) 19 September 2011
Date: March 30, 2011
By Registered A.D.
To,
Mrs.Priyanka Pramod Mayekar,
C/O: Paras Praful Jadhav.
8/Dadu Dilip Chawl, Vaijal Compound,
Jay Bhavani Mata Marg,
Amboli, Andheri[West]
Mumbai 400058
Madam,
Under Instructions and information furnished by my client Mr. Pramod Digambar Mayekar, Age: 40 years, Occ: Service, Indian Inhabitant R/O: Guru Goraknath Chawl Committee, Gautam Nagar, Akruli Road, Khandivali[East], Mumbai 101, and on his behalf I give you this legal Notice:
1. That my client is R/O: Guru Goraknath Chawl Committee, Gautam Nagar, Akruli Road, Khandivali[East], Mumbai 101. My client is legally wedded to you as per Hindu Religious Customs on 13.03.2000 and since the date of marriage you are staying with my client. For few years you were good and were staying with my client very happily. Out of this wedlock you gave birth to 2 male childrens namely Omkar and Sairaj. There is absolutely full freedom to you, for all your immediate necessary things which is within your knowledge too.
2. Since marriage my client used to take care of all the necessities of livelihood to your fullest demands. But surprisingly 2005 onwards every now and then your behavior is completely changed and you started giving my client unnecessary mental harassment and humiliation, stating that she does not want to stay with my client.
3. As you were pregnant my client took you to his native at Malgund, Ganpatipule, where your care was being taken by my client’s mother. Suddenly one day in the afternoon without any reasons you moved out of the house without informing anybody wherein my client with other relatives had to search you and you were found in the coconut garden at about 7.00 p.m. After that you stated that you want to come to Mumbai and hence you were along with my client in Mumbai at his residence.
4. A year after that you went to stay to my client’s native place at Malgund, Ganapatipule, due to collapse of the building. After that you stated that you want to go for your brothers marriage and came to Mumbai and stayed with my client. Again one day when Paras Jadhav, your brother was coming to my client’s house and hence you requested for sari to your brother’s wife and my client stated that as he in deficiency of money he would get it some other time and told to give the available piece of cloth. But you fought with my client and gave mental torture and stated that she doesn’t like to stay with him. And without informing anything once again left the house for no reasons. My client along with childrens had to search all around, then took help of other relatives. As you were not found a N.C. was filed in the Police Station giving statement of missing. My client was informed that you had been with your friend and after 2 days the matter was compromised at the place of your aunt along with your father and other members of your family. You stated that this will not be repeated and will stay with my client happily.
5. Surprisingly on 24.03.2010 at about 8:00 a.m. in morning you took phenol and drank for her best reasons known to you. There was nothing as such quarrel between my client and you. The reason for drinking phenol was also not disclosed by you. You were admitted in hospital though you were not interested to get treatment for the same. My client insisted and forced you to go to hospital and hence the treatment was done to you.
6. And after now on 03.02.2011 for no reasons again you left the house along with your brother leaving the children’s at my client responsibility. My client is ready to take care of his own children. But your behavior towards your children and my client, your husband shows that you are least interested in continuing with the marriage bond and hence what is in your mind is not disclosed by you.
7. So, I call upon you and your family members to modulate your behaviour for better future of yours, and children, being a joint nucleus family. Else, you and my client will have to suffer throughout life. Please avoid future confusion among yourself since my client is from respectable family.
8. This all incidences show that you are either not interested in my client, childrens or you are harassing my client for reasons best known to you. My client is unnecessarily suffering from mental harassment, agony and humiliation. My client states that he would not be responsible for any wrongful, illegal act done by you in the near future. My client has never tortured you nor has he ever treated you badly which made you to act accordingly. This all shows that you have to change your behavior and attitude for good and better life. So I request you to kindly consider all this and the future of the children and arrive at a just and proper decision so that my client and children’s future is not ruined.
9. And I hope you would modulate your nature forthwith. And you would be residing with my client with all apprehension of his, yours safe and happy life.
10. If you are not interested in my client then in that case after receiving this notice then my client is mutually ready for divorce also. Hence you are requested to approach at the earliest and take decision as it affects my client’s and children’s future.
So, please change your mind forthwith and convince your parents for better future in the company of my client. And I too hope you will change your mind.
Yours faithfully
RajkumarL. A. Rajhuns
ADVOCATE, HIGHCOURT
P.T.O.
C.C. to:
1. The Senior Inspector of Police,
Kural Village Police Station.
Kural Village, Malad[East], Mumbai.
Raj Kumar Makkad
(Expert) 19 September 2011
I do not basically agree with your idea to send such notice to husband to cohabit reminding him his acts of alleged cruelties. There is no sense to do so. If wife really wants to co-habit, simple notice is sufficient otherwise it seems to prepare only grounds for litigation.
prabhakar singh
(Expert) 19 September 2011
You are proposing to serve a notice of cohabitation while what stated about past speaks that your client has been continuously deserted by her husband.Then does the circumstances in such a condition really call for naturally what you propose to demand,or demand should be some thing else,such as call for maintenance etc.you may reconsider about the call you propose to make,and make some more proper allegations about maintenance need of the child and mother,but only when you feel convenient with my advise,else you are free to proceed.Form or language of Drafts are not as much material as the action we conceive in our mind to be taken on facts of the cause as remedy.
Guest
(Expert) 19 September 2011
Dear Anita,
First of all, I would like to pointy out one lacuna about address that you need to correct. You have stated "Surat (above said address)," while the address noted at the beginning of your notice pertains to Mumbai (NOT Surat).
Secondly, if your clients is desirous of cohabitation, your notice merely indicates something just like a one sided proposal/request on behalf of your client without asking for any reason for deserting her legally wedded wife.
So, I think, it would be proper to appropriately add the following para at the end of the draft to know his mind instead of just waiting for reply or ultimately ending with no-reply. That would not only denote his wife's willingness to retain the married relations but also would seek the background of reluctance to maintain such relations on the part of her husband: The contyents can be like:
"However, if you don't want to maintain married relations with my wife, you must state within the aforesaid stipulated period about valid grounds behind your intentions for not keeping your legal family with you."
