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Capt. Manish (Master mariner)     11 April 2013

Legal notice to be sent in usa

Good Day Sir

 

Kindly advise the detail procedure of sending divorce legal notice in USA as my sister husband resides there and my sister is also residing there. We have filed case at Jamshedpur and my local lawyer is not aware of detailed procedure and subscribe fees charged by ambesi at USA to hand over legal notice at USA to her husband. Kindly advise. Thanking you in anticipation.

 

 

Brgds

 

Capt. Manish Kumar



 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 April 2013

Dear Querist

as per Order 5 Rule 26 of CPC

 

26. Service in foreign territory through political agent or court.- Where—

(a) in the exercise of any foreign jurisdiction vested in the Central Government, a political agent has been appointed, or a court has been established or continued, with power to serve a summons, issued by a court under this Code, in any foreign territory in which the defendant actually and voluntarily resides, carries on business or personally works for gain, or

(b) the Central Government has, by notification in the Official Gazette, declared, in respect of any court situate in any such territory and not established or continued in the exercise of any such jurisdiction as aforesaid, that service by such court of any summons issued by a court under this Code shall be deemed to be valid service, the summons may be sent to such political agent or court, by post, or otherwise, or if so directed by the Central Government, through the Ministry of that Government dealing with foreign affairs, or in such other manner as may be specified by the Central Government for the purpose of being served upon the defendant; and, if the political agent or court returns the summons with an endorsement purporting to have been made by such political agent or by the Judge or other officer of the court to the effect that the summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.

Feel Free to Call


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