1. See once a legal summons delivery has taken place, the officer or courier should provide proof to the Court that the defendant did infact receive the summons herself, or was in a position to receive it through a third party. The courier has generally completed his or her legal obligations to the US Court once the summons and defendant are in the same space at the same time.
2. However in reference to fact you one side say to us that she is defendant in a divorce case instituted in US soils and after receiving the summons she fled to Indian soils. In such case after the specified number of days, in your case 21 days to provide a response or answer to the charges filed against her the lawsuit against her will proceed ex-part.
3. Naturally the Ss. 13 CPC is not fulfilled here even once you even get ex part judgment there which naturally will be more or less in your favor so in such situations the US lawsuit is a waste of time and money is my opinion. Nevertheless one should still proceed ahead as the summon was indeed received by the defendant wife of yours which can later on be shown to the Indian Courts to any of her matrimoniql agitation complaints matter(s). But I doubt you will get much needed relief if any from any Indian Court in future as Indian Courts protects our women compared to NRI husband(s) and wants all NRI’s to leave their commitments overseas and be at mercy of Indian matrimonial Courts for next decade(s) or so till reference wife gets satisfaction from judgment delivered in her favor by only an Indian Court!
Here summon delivery is not important when S. 13 CPC has to be read down by an Indian Court when matter adjudicated. What is important here is “did she participate in due process of Civil Court in US soils out of which such and such Judgment is delivered and shown to us by the NRI husband before us?”
Naturally the answer is going to be a big NO.
Now your core questions opinion are as follows as I see it;
If you show courier delivery receipt which somehow you get true copy of, then same has to be authenticated by Indian Consulate General’s Office which is triple Hanuman’s leap jump work before showing to any Indian Court as material records of the case.
If you show that she had enough funds in her US Bank A/c to defend herself then she will show debits (a/c zero) statement and Indian Court will further rescue her stating forum preference is her Constitutional birth rights.
Word/phrase ‘natural justice’ has wide meaning in reference to context. It starts from summon acceptance by her to ‘nail and service’ via an local Attorney office by her to protection orders she may claim in between to having faith in justice delivery system of an developed Country i.e. US Court(s) to being homesick in between and remembering your FIL and his homegrown contacts in her hometown police station and ‘that missing you’ relative lawyer uncle ji of hers etc. etc. J
So on so forth are hurdles now which in given facts cannot be overcome in your favor va internet discussion is my view………….
Remedy as I see it may meet end to justice;
You carry on with US jurisdiction as indeed the summon in question were delivered and proceed to obtain ex-part Judgment. Afterwards via Indian Consulate General’s office Execute US Divorce Decree upon her known (all) Indian addresses. It is here you will come to know of her ‘abala’ card and not before that as made to believe by you in your query is my experience speak view, as for her it will be triple Sita jump to rope in our Ministry of External Affairs to summon you on an Indian matrimonial Court Notice and believe me it unfortunately takes ages to get one across Atlantic ocean to your true County address.
Now here once you come to know of her ‘abala’ triple aces you opt for Video Conference submission route (read some of my older post on this topic) at nearest Indian Consulate General’s Office without touching Indian shores side by side protecting your relatives back left behind in India by arranging on fully paid appreciating INR Forex rates roping in Indian sides seasoned Criminal side practicing Advocate services which are some of the safest way to submit to her unfinished whims and fancies since your NRI skin has now become legally tasty for all our side's Authorities concerned and before that you are just an ordinary brain drain Indian origin person who left for USA on some ship just after passing your IIT grades J
