Legal Question in Family Law in India
Serving divorce Summons from India to person in another country
I posted the question earlier and got an answer, but i still need clarification. Hence posting as another question.
The present residence address of the other party residing in USA is not known.
1. What is the process/clause to take help of Indian Embassy. How will indian embassy in USA serve the notice when i do not have current address. Is last known address is sufficient enough?. Please let me know the process and any clauses.
2. If i want to chose the option of publishing the notice in news paper of USA, does the indian court allows me to do so. Is this normal? any additional clauses?.
3. I heard that court normally sends the notice through Registered Post?, how can i request the court to send via Speed Post or DHL/FedEx Courier.
Please let me know about the embassy process, as it looks likes is the only option remaining for me.
Your help is very much appreciated.
9 Answers from Attorneys
Re: Serving divorce Summons from India to person in another country
Hello
Can I have more details re your query as i dont get clear idea of your requirements. Please feel free to write.
Regards'
Naved ASKARI
New Delhi
Re: Serving divorce Summons from India to person in another country
all ur options mentioned in the query can be granted in case u move an application u/s 151 for the grant of the same. i see no legal hurdle in that.
Re: Serving divorce Summons from India to person in another country
Kindly make an application u/s 151 of Civil Procedure code. However granting or rejecting an application is upto the court
for embassy procedure kindly make an application stating the facts of your case and requirements to indian embassy. also sent a copy to us consulate
Re: Serving divorce Summons from India to person in another country
better contact personally
Re: Serving divorce Summons from India to person in another country
You may advise the counsel conducting your case to write me for any further guidance, if required, pursuant upon my previous reply to your question.
Re: Serving divorce Summons from India to person in another country
There is another aspect of serving her summons. First of all, you have mentioned that she is a 'permanent resident' of USA; in that case, she will be having a SSN and the BICS will have her address; secondly, you can also attempt to serve her through the US embessay in India; thirdly, if she is not a USA citizen, you may serve her through her last known address in India.
Re: Serving divorce Summons from India to person in another country
There is no legal barrier in the case. File a appropriate suit u/s 151 to obtain the consent.
Re: Serving divorce Summons from India to person in another country
Get thesummons issued on the last known address and you can also serve the summon through publication etc.In case of need contact with details.Professional charges are applicable.
Re: Serving divorce Summons from India to person in another country
Pls contact personally.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
