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GV (na)     13 May 2011

Serving Summons for spouse abroad

Me and My spouse are separated for two years and both of us are in the US. If I wanted to file for divorce in India how do I serve her with the summons from an Indian court to her in the US? She is a non-coperative spouse and I could lose a lot of money If I file in the USA becuase I earn more than her. Hence I have decided to do it India even if it takes a while.  she has deserted me and I don't even know her home address. However I know where she works, Does that fall under desertion? I have repeatedly tried for reconciliation but to no avail. Any suggestions would be appreciated. Thanks.

The two main questions are

How do I serve her with the summons from an Indian court to her in the US?

Is it acceptable that if the summons are served to her parents address at India which is her last known Indian address?

Is there a case for desertion here?



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 May 2011

You can serve the court summons thru., regd., post to US.  You cannot serve summons on her parents, because they say she is in US while serving the summons by belief.

GV (na)     13 May 2011

Thanks. What if she does not accept the registered post which is highly likely.

Om Prakash Dhusia (HR assistant)     13 May 2011

Dear GV: Here are some questions for you:

a) First and foremost is any marriage certificate in duo's  possession? May sound a foolish question?

a) Did you file a formal complain with the police at USA if she were staying elsewhere or have any legal document to prove your separation?Again sounds foolish?But you have not been clear in your query.

c) Are you sure that she is still in USA or left for India? If she is still in USA then no use filling any case in India for divorce,

d) If she has been staying in India and you being in USA having not filed any complain then it can not amount to desertion.

e) If both of you have been separated legally then also it can not be considered to be DESERTION.

f) If you wanted to file for divorce in India and if she is in USA and having no knowledge of her address in USA then where would you serve her the summon if any?

g) No COURT is empower to issue summon overseas as prescribed by some learneds, beacuse something is termed as SOVEREIGNTY and it has to be routed through the diplomatic channels.

Regards.

hema (law officer)     13 May 2011

my respectful submission is as follows:

1.  If you both are Hindus and the marriage was solemnized under hindu marriage Act, then,

you can file divorce case against her in indian court.  you can give her official address in your petition and get it served through registered post to her official address.  if she refuses to receive the petition along with court notice and the same is mentioned on the cover of the registered envelope, the court deems it properly served and hold the ex-parte proceedings and give divorce decree to you, if you satisfy th grounds on which you are seeking divorce.  you cannot give her parental address in the petition to serve the notice, if you are aware that she is not living there.

1 Like

GV (na)     13 May 2011

//a) First and foremost is any marriage certificate in duo's  possession? May sound a foolish question?//

Yes. I have one

 

a) Did you file a formal complain with the police at USA if she were staying elsewhere or have any legal document to prove your separation?Again sounds foolish?But you have not been clear in your query.

// I have IT tax returns and Property documents showing we have lived apart for wo years//

c) Are you sure that she is still in USA or left for India? If she is still in USA then no use filling any case in India for divorce,

// She lives in the US. But I plan to be in India during the filing of the case//

d) If she has been staying in India and you being in USA having not filed any complain then it can not amount to desertion.

/NA/

e) If both of you have been separated legally then also it can not be considered to be DESERTION.

// We are not legally separated//

f) If you wanted to file for divorce in India and if she is in USA and having no knowledge of her address in USA then where would you serve her the summon if any?

// I know the address//

g) No COURT is empower to issue summon overseas as prescribed by some learneds, beacuse something is termed as SOVEREIGNTY and it has to be routed through the diplomatic channels.

// Agreed. Most of the lawyers seem to think otherwise though. Anyway thanks for your replies//

 

Regards.

GV (na)     13 May 2011

Thanks. That clears it up for me.


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