Shilpa Puri 06 May 2023

How to process notice to a respondent who is a us citizen and is in us for last 20 years

How to process court summon to a person who is an Indian but living in US for last 29 years. He has US citizenship now.

Quick Summary

This discussion addresses the legal process for serving court summons to an individual who is an Indian national but has acquired US citizenship and has resided in the US for many years. While direct service by the petitioner is generally not possible, the court can facilitate service through registered post to the US address, diplomatic channels via the Ministry of External Affairs, or potentially through electronic means like email or WhatsApp if approved by the court. An application to the court is required to initiate these methods.

6 Replies

T. Kalaiselvan, Advocate (Advocate) 06 May 2023

If you know his USA address, you can mention the same in the summons so that the summons may be sent to his USA address accordingly through court by post or courier service at the cost of the petitioner.

1 Like

Advocate Bhartesh goyal (advocate) 07 May 2023

Court summon can be sent to U.S citizen directly by registered post under provision of order 5 rule 25 CPC.

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Shilpa Puri 07 May 2023

Is there a process to get service through the embassy? Because normal post service anyone can avoid.

T. Kalaiselvan, Advocate (Advocate) 07 May 2023

Indian embassy is not a post office, they will not entertain any such communications until government of India passes any order in this regard.

The court can send the summons directly provided you pay the postal or courier charges for this purpose along with the process memo

Dr J C Vashista (Advocate) 07 May 2023

The Court shall have to send the summons through Min of Extrnal Affairs diplomatic / consulate bag.

Besides this, It may also be served through email and whatsapp (if court approves).

1 Like

Niharika Lohan 13 May 2023

Hi Shilpa, I'm Niharika Lohan, an advocate practising in New Delhi. I've read your query and here is my take on it.

Various High Courts have laid down guidelines for issuing documents (notice, summon, etc) to persons residing beyond the territories of India.

In lay man terms, you cannot directly send a notice from your end to such a citizen. You will have to go the Registrar through Registry but not directly.

Additionally, you can file an application seeking Court’s leave (permission) for issuing a notice electronically via e-mail, WhatsApp, etc.

I hope this information helps. You can contact me for further guidance at niharikalohan@yahoo.com