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Prachi (Doctor)     26 October 2015

Need urgent help

I urgently need to know the exact procedure of sending summons through Indian embassy to respondent who is in U.S.A. Do I need to write to Ministry of External affairs to direct Indian Embassy to carry out the service of summons. It would be great help if anyone could provide me the format of application to be written to either embassy or ministry of external affair. Can I send it through speedpost or the summons would go through court. How much time does this entire process takes. I have very less time left and my lawyer is not cooperating at all.

 4 Replies


Summons be sent to last found address here in India, if nobody is accepting summons, then it be pasted on the door of the party and even then if he wont appear, then the case will go exparte in your favor.

Prachi (Doctor)     27 October 2015

Thank you so much sir for your prompt reply. The problem is judge had ordered to send it trough embassy which my lawyer did not inform me nor did he himself send it. I then submitted an application seeking permission  to send the summons directly through courier but the judgedid not permit me to do so and has asked me to send it through embassy again. I have no other choice. I just wanted to know that am I supposed to send it directly to embassy or write first to Ministry of external affairs which would follow the procedure. I m presuming that this may  take more than one month time which I don't have. Kindly guide me

prabhakar advocate (advocate)     27 October 2015

The judge has ordered to send it through embassy to the respondent.What you have to do is to file process fee along with speed post cover with postage stamps affixed giving the address of the embassy on the envelope and submit it in the office of the court. They will prepare a notice along with your petition send it to the embassy to the onward transmission to your husband's address. In this matter, if you face any problem, please contact court officer (he is called Ahlmed) and he will assist you to do the needful. If he also gets any doubt, he will talk to the judge and do the needful.

Prachi (Doctor)     06 March 2017

Thank so much for the reply. I have now been directed to send through concerned ministry which I have no idea which is it now...Ministry of Law and Justice or Ministry of External Affairs! This inspite of getting clear refusal on notice/summons send on last known address and thorugh embassy to U.S.A.Just fed of this legal system acting like a dodo! Can respected members please help me . Tajobs Sir I would appreciate if you could answer this question.

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