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Saurabh   14 January 2022

Summons outside india

Hi ,

I live in Getmany and my wife is Indian British Citizens.I got married in October 2019 and after 20 days of marriage she went back to UK and we last met each other in Germany after 2 months.We we’re not having good relation and we stopped talking and had no contact with each other after May 2020.I have filed a case in India and now summons are sent to her by Post via embassy .Can we send her summons via email .Is it valid .Now if summons are sent to her via embassy then is it like someone will go in person to handover the summons or if embassy will just post the summons to her UK address .

please suggest next steps on this please 



 6 Replies

Aryan Raj   15 January 2022

In response to your query,

Order V, Rule 25, of the Code of Civil Procedure provides, generally, that if the defendant resides out of India, and has no agent in India empowered to accept the service, the summons shall be addressed to the defendant at the place where he is residing, and forwarded to him by post, if there be postal communication. Foreign residents can be served at an official address, Exceptions may apply for foreign defendants who have appointed a local agent for service or entered into some other agreement permitting service by other means.

Regards,

Aryan Raj 

Archana Pandey   16 January 2022

why cant we use emails for the summons?

Aryan Raj   16 January 2022

As per your query,

is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters. Therefore, the formal method for service in India with effect from August 1, 2007 is pursuant to the Hague Convention, taking into account the declaration or special conditions mentioned by India in while signing the Hague Convention. The declarations made by India while signing the Convention include the following:

  • Documents for service must be written in the English language.
  • Documents cannot be served via mail.
  • Documents must be served in India indirectly via proper authority.
  • Documents under the Hague Convention cannot be served directly to the defendants in India by private judicial officer.
  • Service can be effected through the Embassy.

Regards,

Aryan Raj 

Saurabh   16 January 2022

Hi Aryan Sir ,

Summons were sent to her father who is residing in india but he refused to take the summons and said his daughter is living in England ..Can we again adress summons to her father who is residing in India 

Aryan Raj   17 January 2022

Indis is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters. Therefore, the formal method for service in India with effect from August 1, 2007 is pursuant to the Hague Convention, taking into account the declaration or special conditions mentioned by India in while signing the Hague Convention. The declarations made by India while signing the Convention include the following:

  • Documents for service must be written in the English language.
  • Documents cannot be served via mail.
  • Documents must be served in India indirectly via proper authority.
  • Documents under the Hague Convention cannot be served directly to the defendants in India by private judicial officer.
  • Service can be effected through the Embassy.

Regards,

Aryan Raj 

Saurabh   10 February 2022

Hi Aryan ,

so that means summons can only be served by Embassy .Is it correct ?

.Is it someone from embassy goes in person to serve the summons or summons are sent by embassy by post only .What if my wife who is living in UK is not available at the time  when summons are sent


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