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Monday, January 21, 2013

How to write a Divorce Notice as a lawyer

DIVORCE NOTICE

From and on behalf of:

Name...
Father Name...
Address...

To:
Name...
Father Name...
Address...


Subject: Divorce Notice under section 7(1) of Muslim Family Ordinance, 1961.


Dear Sir,

We have the instructions of our aforesaid client to address you as follows:-

1. That on (00.00.0000) our aforesaid client got married with you as per the Muslim Family Law Ordinance 1961. She was delegated the power of divorce as per clause No. 18 of Kabinnama.
2. That our client states that due to continuous mental and physical torture. It is unreasonable for her to continue the marriage life with you. Our client has decided to divorce you and accordingly on 00.00.0000 she has divorced you by pronouncing Talak thrice. Now she is serving this divorce notice to you as per the section 7(1) of Muslim Family Ordinance 1961 (enclosed herewith).

3.That our client further states that at the time of marriage, the dower was fixed at an amount of Tk. 10,000,01 (Ten lac one). The full dower money has been remaining unpaid. Our client is entitled to Muslim Family Ordinance, 1961. Moreover she is entitled to get the maintenance from you during iddat period.

4.That our client states that during the conjugal life with you a daughter namely (if applicable) was born who is at present (age) years old. The daughter of our aforesaid client is studying in the (if applicable). According to the Muslim Family Ordinance, 1961, you are under obligation to pay her all maintenance including educational expenses, Medical expenses and other expenses on monthly basis.

5.That our client hereby states that from today you are no more the husband of our client. Therefore, it is not lawful for you to live with her in the same house. You are presently staying in the house of our client and she is requesting you to leave the house immediately after receiving this notice.

In the above circumstances, we have the instructions of our aforesaid client to demand of you to pay the dower, money of Tk. 10,00,000/- (Ten lac) in cash to our client including the maintenance for iddat period within 30(thirty) days from the date of receipt of this notice. We have also the instructions of our client to make a request to you to pay the full maintenance including the monthly basis and with a further request to leave the house of our aforesaid immediately.


(Lawyer name+ signature+stamp)
Advocate

Enclosure:

Divorce Notice date:

Note; the model of divorce notice was write using Bangladhesi Muslim law.

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