Divorce legal notice

It is a general guiding principle in law that a party should never respond to a settlement offer himself/herself as what you write will one day end up as an exhibit in some court proceeding.  Always use an advocate to discuss terms ORALLY only.  Never utter a word yourself on settlement issues while conversing with the other party.

In your case, ask an advocate to write a one sentence response saying that you are not interested in divorce as there is no grounds for one and that you are and have always been willing to continue with the marriage and have been waiting eagerly to join him.  That's the legal strategy irrespective of your intent.

Then if you really want a mutual divorce ask some intermediary to negotiate verbally with him so that you can always deny that you were ever willing to get a mutual consent divorce if it ever comes to that. If he is willing to give you what you want ask him through the intermediary to put it in writing and approach the Court. Do not give your consent until the matter reaches the Court and you have to file a response to the setltment proposal. That is the first time you agree to the terms... In short: no utterance, no writing, nothing with the party or his advocate by you directly until the matter reaches the Court. Your advocate too will only negotiate verbally... let them keep writing to you. You can use all of that in Court.

GOOD LUCK!!!

Give a reply through your lawyer that  you do not find any cogent reason or cause for divorce as proposed by your husband rather you are eager to maintain matrimonial relationship with your husband as a sincere and true wife besides you categorically mention that you have a child also who will debar from father's love and affection  without any cause . You also mention in the reply that your husband willingly deserted you and your child  without any cause whatsoever.

Firstly, give a reply notice to the divorce notice denying all the allegations and their demands.  You should always mention that you are ready to live with him but it is he who is intentionally abandoning you for the reasons best known to him.  The matter of settlement agreement can be arrived at in the mediating session should this be converted as a divorce case later on.

@biswanath,

Husband filed for divorce in 1981, and wife denied it and was ready to live with him. Court ordered maintenance amount to wife and she has been receiving the amount till date.

Now, after 33 years, husband has sent a legal notice to wife seeking consent for divorce. He put a lot of false allegations but did not mention any section under which is asking for divorce.

Wife is not ready to give him divorce and still maintains that she is ready to live with him. 

The query is:  Even though wife maintains that she wants to live with her husband after a separation period of 33 years, will the court favour the husband's petition for divorce under IRBM?

Please clarify... thanks.

if u dont want divorce, u dont need to reply his letter / notice.

let him file case, which u can defend on merits.

Originally posted by : Shantanu---------------
	if u dont want divorce, u dont need to reply his letter / notice. let him file case, which u can defend on merits.

In the notice husband has put a lot of false allegations against her... if wife does not reply, won't it affect her case when case comes up in the court?  

@bhavana - I absolutely go with the legal advice given by Samit2helpu.  As the language of your query alludes your inclination towards consent divorce if the offer of appropriate compensation in terms of money and material it has to be conveyed by your advocate verbally (not by yourself as there is the possibility of recording your conversation) and once the matter reaches to court by any matrimonial proceedings to be initiated by your husbands, there will be mediation and there you can open your cards for proper settlement and the proceedings, until agreed by   both parties,  are not reported for judicial scrutiny in any legal proceedings.

There is no IRBM at present in Indian Law.  Next, 33 periods separation generally tilts the court to favour divorce decree.  But if he fails to carve out minimum plausibility in his ground for divorce, and the court comes there will be only victimisation to the wife, then you know, it is difficult to get divorce.

From the post it appears that Divorce seeker has no ground for divorce and no cause of action also.. For arguments sake if we think that conjugal separation for long 33 years can be taken up as a ground in that event too , appeal shall make the order nugatory.. So in my view divorce cannot stand as lawful