25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sanjeev Kumar (Engineer)     12 April 2011

can summons be delivered to a foreign country ?

 

i am working as a doctor in  Kuwait in govt.job. my ex has filed divorce on cruelty basis in a family court.She has also filed a false 498a against me and my family. Asking for huge money to withdraw 498a . I am determined not to pay this money at any cost.
Now she needs divorce as soon as possible as she got engaged with another man.
I will not give divorce till she withdraws 498a.This is the only tool in my hand to put pressure on her to withdraw 498a without paying .
She has sent summons to my indian home address twice which could not be delivered as i have been abroad since long.My lawyer in family court is saying she will try her best to deliver summons to me at Kuwait.He is saying i should not recieve any such summons.
 1. Is it possible in a divorce case filed in family court to deliver summons in a foreign country ?
2. What should i do so that her summons do not reach me in Kuwait ?
3. Should i change my e mail id? any use?
thanks!



Learning

 11 Replies

Tajobsindia (Senior Partner )     12 April 2011

@ Sudhir

1. Is it possible in a divorce case filed in family court to deliver summons in a foreign country ?
Take: Yes it is possible to process service via Indian Consulate office in UAE.


2. What should I do so that her summons do not reach me in
Kuwait?
Take: Nothing as the process service is via MEA. The tool which you proud of is not of much use if you do not defend yourself as once the external process is returned un-served she can always ask for substituted service i.e. local national daily Adv. and after 20 days she can always take ex-party divorce. Suggest appointing a POA ld. Advocate to defend your side of interests and probably as you say she is in a hurry so she and your side can always come across table to negotiate the best what is left for both of you. Even video conferencing mode MCD (which may come later stage) can be allowed in such case.


3.
Should i change my e mail id? any use?

Take: Now SC has allowed all modes of process / notice service including via Email. It depends what is stated in admission notice stage Order sheet. if her side has got allowed Email service then even if you change email ID from their Outbox the Notice will show as Sent and a print out is sufficient at this stage to show 'delivery' to seek ex party divorce due to your non appearance on next date of hearing ! It is other matter that at later stage you will come to soil to contest ex party showing fraud but present purpose to hurry up divorce is solved by the lady and once she gets married court shows lenience to protect second marriage of a lady.

Anyhow that S. 498a STATE fights against named accused and she has nothing to do once charge sheeted and only at evidence stage she has to appear which is like attending kitty party once she gets re-married and no one in new in Laws home will come to know of it where did she go one fine afternoon kar key!

So act smartly even if you sitting in foreign soil. 

1 Like

Sanjeev Kumar (Engineer)     12 April 2011

Thanks sir, I am being represented by my lawyer to contest the divorce in family court. but till now as summons are undelivered my lawyer has not argued. She filed divorce on cruelty basis (she has alleged cruelty that i am demanding dowry). But 498a FIR is still in police station for 1.5 yrs. no chargesheet.

Her allegations of this cruelty have not been proved. 

1. If i contest through a good lawyer what are the chances that she will get divorce?

2. How long should it take for a contested divorce decision to come. ( on an average in family court).? 6 months, 1 yr or more?

thanks!


(Guest)

@sudhir

2. How long should it take for a contested divorce decision to come. ( on an average in family court).? 6 months, 1 yr or more?

Bo lawyer should give this answer  as it depend on many factors.


(Guest)

sorry typing mistake :

 

No lawyer should give this answer  as it depend on many factors.


1 Like

Arup (UNEMPLOYED)     12 April 2011

yes possible, firstly talk to court clerk then put feedbacks here.

1 Like

Avnish Kaur (Consultant)     13 April 2011

u can pull divorce case for several yrs, depends on ur and opposite party's wishes.

1 Like

Sanjeev Kumar (Engineer)     14 April 2011

Thanks, i want to pull the divorce case for 1-2 years. but my wife needs it urgently. she has filed it on cruelty basis. i am contesting it.

1. Can i pull it for 1 yr  while staying in kuwait , through my lawyer ?

Arup (UNEMPLOYED)     14 April 2011

expert lawyers knows how to delay. just convey him your wish. 1 year is nothing. one can pull it several years. one thing, now court is more alert than the past years. now seeing that judges not allowing it too much.therefore keep catious to protect your interest.
1 Like

rajesh kulkarni (Lawyer/Advocate Hyderbad 7799116901)     14 April 2011

hw long is nt definable but as of ur spouse is in urgency it cannot happen so.......... becoz once divorced u have to pay maintenance to her but depends if she is earning person u need nt...............

 

1 Like

swatirswatir (learning law)     14 April 2011

FILE A MAINTENANCE CASE ON her alleging all nonsense , this can pull on for 2 years

1 Like

Arup (UNEMPLOYED)     15 April 2011

yes maintenance case, if she is earning and officially you are in a position that, either you have no earning or  earn less than her.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query