A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases.
A legal notice carries the following information:
– Precise statement and facts relating to the grievance for which the action is to be taken.
– Alternatives/relief sought by the grieving party.
– How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.
– A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned.
– The last part of the Legal notice should contain a detailed account of how relief can be obtained/problem solved if mutually agreed upon the grievance.
The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame to solve the issue, is to be addressed to the other party and sent through a registered AD post.
After sending the notice, save the copy of the receipt sent.
This may come in handy in case of filing for the court case.
Wait for a given period, before the filing of the court case.
Now, the person or entity on whom the legal notice is addressed will have the above mentioned days to revert back with the notice or agree for out of the court settlement.
All legal action can only be taken once notice has been served upon the people you wish to take to court. It is only this process that legalises bringing a matter to court. If they do not respond to the legal notice within stipulated time you can take actions against them under Section 498A of The Indian Penal Code.
This section covers the cases where there is the infliction of physical or mental harassment on a married woman by her husband or in-laws. The offenses are punishable with imprisonment which may extend up to three years and shall also be liable to fine. Likewise, the offense so done is non-bailable and non-compoundable.
Reference: Section 80 of The Code of Civil Procedure, 1908 and Section 498A of The Indian Penal Code.