Translation

bhavin (Querist) 26 September 2011 This query is : Resolved
Dear All,

My query is as under:

i have filed a case in which my client is seeking maintenance from her husband. the summons of the said case is sent through registered post (air mail) because her husband is living out side India i.e. Sudan but the cover is returned with some remarks which is not legible because it is written in the local language of sudan.

in such a condition can i file a complaint against postal department in which can i claim to produce translated version of such remarks.
or
can it is valid document if i file a translated version which is duly certified by the notary public given by the certified translator in a affidavit form.

i am thinking such a way because court is not permitted me to send summons through e-mail.

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RAJENDRAN K.M. 09443050520 (Expert) 26 September 2011
Sir,I'm also filed same type of case in sub court for applying divorce in favour of my client.The husband also joining the job at Singapore, sent the summons also not return and endorsement made by postal department given a slip for served.So youcan right to ask such type of qustions to them. U cannot sent mail summons to party.Our country courts are nowdays not develop in that type of systems.

Raj Kumar Makkad (Expert) 26 September 2011
bhavin! You have to file translation of remarks duly attested by notary public and rest leave upon court.

Rajenderan! Similar suggestion is for you but in your case, delievery of post has been shown so request court to proceed the respondent as ex-parte if he do not appear on hearing day.

Devajyoti Barman (Expert) 26 September 2011
It s better to translate the remark by an recognised interpreter so the same would be accepted in the court.

bhavin (Querist) 26 September 2011
thank you sir

prabhakar singh (Expert) 27 September 2011
Expert : Devajyoti Barman IS RIGHT.

Chanchal Nag Chowdhury (Expert) 27 September 2011
Post office cannot be faulted. I doubt if U can find an official translator for Sudanese language.Try Order 5 Rule 20 CPC.

Guest (Expert) 27 September 2011
Dear Bhavin,

Since Postal department is merely a means of transit of your article from your place to the other city/country, you cannot file a complaint against postal department. Postal department of India is not supposed to translate any remarks given by the postman of the other place/country. So, that effort on your part would be futile.

You can file a translated version which is duly certified by the notary public given by the certified translator, but you may also have to produce some Sudanese language knowing independent witness to confirm the version, if court desires to get that confirmed.

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