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The parties are Hindus who lived together for seven years and have been separated for the past five years. There are no children from the marriage. The wife is unemployed, has no independent residence, and alleges mental cruelty, neglect, and failure on the part of the husband and in-laws to provide basic necessities and maintenance. The husband is financially capable, with no known assets or liabilities. No legal proceedings have been initiated so far, and there is a possibility that the husband may agree to a divorce but may not be willing to provide a fair financial settlement. In these circumstances: 1. Should the wife first send an amicable legal notice through an advocate seeking mutual divorce and settlement, or should she directly file a maintenance case and thereafter opt for mediation and mutual divorce? 2. If a legal notice is sent after five years of separation, can the husband initiate any legal proceedings in response to such notice?
If there is a reasonable possibility of settlement, the wife may first send a legal notice proposing mutual divorce and fair financial settlement. If negotiations fail, she can file a maintenance case and seek mediation. The husband may initiate legal proceedings in response, but after five years of separation, the merits of such claims will depend on the facts and reasons for living separately. For further legal assistance contact us on our helpline number.