FAQ about Serving Documents in India
What is the method of Process Service in India under the Hague Convention?
- What are the advantages of serving under the Hague Convention?
- What are the disadvantages of serving under the Hague Conventions?
- What are the conditions of serving under the Hague Convention in India?
- What are the types of cases where Service under the Hague Convention is required?
- How long it takes to serve under the Hague Convention?
- What is the method of Personal Process Service in India?
- What is the method of Personal Service in India?
- What are the advantages of Personal Service?
- What are the disadvantages of Personal Service in India?
- How long it takes to Serve Personally?
- What is the method of Service in India should I use for a case filed in a court in USA?
- What kind of documents can we Serve for you in India?
- Where kind of Services can we do for you?
- What is the applicable law in India for service of Foreign Documents?
What is the Method of Service of Process or Documents in India from the Courts of Foreign Countries who are signatory to the Hague Convention?
India is now 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 and declaration or special conditions mentioned by India in while signing the Hague Convention.
What are the advantages of Serving under the Hague Convention?
The judgment is enforceable in the country where documents are served. For examples, a Judgment given by a USA court is enforceable in India, if the process is served under the Hague Convention, for a case filed in a USA court.
What are the Disadvantages of Serving under the Hague Conventions?
It takes a longer time to serve under the Hague Convention procedure which is formal and time consuming.
What are the conditions of serving under the Hague Convention in India?
All the requirements of the Hague Convention must be met while serving the documents, complaints, summons / subpoena in all Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters. In addition, the special requirements declared by India must be met. The declarations to the Hague Service Convention made by India include the following conditions:
- Documents for service must be written in the English language. This is a good news for USA litigants who do not have to bear the costs of translation.
- Documents can not be served via mail.
- Documents must be served indirectly via the proper authority in India.
- Documents can not be served directly to the defendants in India by private judicial officer.
What are the types of cases where Service under the Hague Convention is required?
In all kind of civil cases the service under the Hague Convention is required including: Civil matters, including Matrimonial cases, Divorce cases, Custody cases, family law cases, Commercial cases & Corporate cases.
How long it takes to Serve under the Hague Convention?
Generally, it takes longer to serve under the Hague Convention in India.
What is the method of Personal Service in India?
Private process servers may serve documents in most countries, whether a signatory to the Hague Service Convention, or not. Service is normally handled in a manner similar to methods used in the United States. Service of process via this methods generally meets the USA federal or state rules only.
What are the Advantages of Personal Service?
The advantages of Personal Service include less delays, as the completion of the service is faster. Typically, it also costs less. The judgment is also enforceable judgment in the home country.
What are the Disadvantages of Personal Service in India?
The Judgment may not be enforceable in India, depending upon the matter.
How long it takes to Serve Personally?
A typical personal service in India takes less than one month, which is shorter than service under the Hague Convention.
Which method of Service in India should I use for a case filed in USA?
For a case filed in a court in the United States of America, the service under the Hague Convention is generally required. Specially, if the judgment given by a court in the USA (or any other foreign country which is signatory to the Hague Convention), is to be enforced in India, then service under the Hague Convention is required. However, since the service under the Hague Convention takes a longer time, some people prefer to do both, Personal Service along with the Service under the Hague Convention.
What kind of Documents can we Serve for you in India?
- Serving Summons & Complaints in India in divorce cases filed in the USA
- Serving Summons & Complaints in India in commercial and civil cases filed in the USA
- Serving Complaints in India
- Serving Petitions in India
- Serving Subpoena in India
- Serving Divorce Papers in India
- Serving Other Judicial and Extra-Judicial documents in Civil and Commercial Matters in India
Where kind of Services can we do for you?
We can do the following kinds Services:
- Personal Service in India
- Service under the Hague Convention in India.
What is the applicable law in India for service of Foreign Documents?
1. India is now a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters. India acceded to the Hague Service Convention in late 2006 and the treaty is enforced in India from August 1, 2007.
2. The Indian Code of Civil Procedure, Act of 1908 (CPC).
Q: I have filed for a divorce petition in the USA. Is the divorce judgment given by a USA court enforceable in India?
A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from our qualified attornies.
Q: I am an NRI. I was married in India. Can I file for divorce in USA?
A: Though you can file for divorce in USA, this is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from our qualified attornies.
Q: I am an NRI. I was married in India. I live in the USA now. Do I need to file for divorce in India?
A: Though you may file for divorce in India, this is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from our qualified attornies.
Q: I am an NRI. I was married in the USA. Can I file for divorce in India?
A: Though it is advisable to file for divorce in India, this is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from our qualified attornies.
Q: I am an NRI. I was married in India. I have filed for divorce in USA. Do I need to file for divorce again in India?
A: It depends on the nature of court proceedings in USA which varies from case to case. Therefore, this is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from our qualified attornies.
Q: Is a divorce decree given by a court in the USA recognized in India?
A: Not all decrees given by UAS courts are regonized in India, this is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from our qualified attornies.
Q: Which are the major cities in India?
A: Major cities of India include Agra Ahmedabad Ajmer Allahabad Amritsar Aurangabad Bangalore Bharatpur Bhopal Bikaner Bombay Calicut Chandigarh Chennai Cochin Coimbatore Darjeeling Dehradun Dharamsala Gurgaon Gwalior Haridwar Hoshiarpur Hyderabad Indore Jaipur Jaisalmer Jalandhar Jodhpur Kanchipuram Kaporthala Kodaikanal Kolkata Ladakh Lucknow Ludhiana Madurai Madras Manali Mumbai Munnar Mysore Nainital Ooty Patiala Pune Pushkar Shimla Trivandrum Udaipur and Varanasi.
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For service of notice and acknowledgement…what proof Indian courts look for…Is the signature of the work place receptionist is enough or the exact person signature for whom notice is served is required.
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