Summons to be served in foreign country.

Querist : Anonymous (Querist) 02 December 2017 This query is : Resolved
what is the procedure to serve summons in foreign country . If summons could not be served how courts take further action.

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Vijay Raj Mahajan (Expert) 03 December 2017
Court send summon through Minister of Law & Justice from where it is forwarded to Indian High Commission in the foreign country for getting it served to the respondent/defendant.
If delay in service through this process, request the court for substituted service by email or fax or other electronic modes to opposite party.

Guest (Expert) 03 December 2017
The channel of communication with in India of Summonses for service in foreign countries is the State Govt,Govt of India and Ministry of External Affairs.The Summon should never be sent direct.An exception is made in the cases of certain countries viz., The Federation of Malaya,Iraq and Nepal to which the processes may be forwarded directly by Indian Court.

Vijay Raj Mahajan (Expert) 03 December 2017
Let me clarify to Sh. N.J.S. Rajkumar ji, the latest position, the court summon were previously being sent through Ministry of External Affairs but now it is through Ministry of Law & Justice. In one of my recent pending case in Family Court, District Court, Tis Hazari, Delhi, the Court made order for sending summon to the respondent living in Portugal through the Ministry of Law & Justice, Shastri Bhawan, New Delhi. A similar order was passed by Family Court, Gurgaon District Court a year back for my other case for respondent living in Philippines .