@ Sarita,
You can address to the corresponding consular general in an area to which is close to you in india.....
https://newdelhi.usembassy.gov/contact.html
Now since your husband is based in Chicago, IL for that you will need to address your query to Consular General of Indian Embasssy in Chicago
https://www.indianconsulate.com/1AboutConsulate/aboutconsulate.html
This is something you will have to do it on your own..............trust me you can try but they will reply you exactly wht i have mentioned in my prior post.......
If you want to follow proper procedure then here is the guideline to follow the procedure followed by most of the attorneys in india.......
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs,
IS Division-II:Legal Cell
New Delhi, dated the 11th Feb, 2009
To
The Home Secretaries of all States/UTs,
The DGPs amd IGPs of all States/UTs.
Sub :
Comprehensive guidelines regarding service of summons/notices/
Judicial process on the persons residing abroad.
Sir,
Section 105 of Criminal Proceedure Code (Cr.P.C.) provides for
reciprocal armaments to be made by Central Government with the foreign
governments with regard to the service of summons / warrants/ judicial
processes.
MHA has entered into Mutual
Legal Assistance Treaty/
Arrangements with 25 countries. In respect of other countries, the Ministry
attempts to serve the judicial papers by giving an assurance of reciprocity.
However, despite this Ministry’s best efforts the summons and other judicial
process get delayed for various reasons.
With a view to streamlining the procedure, MHA has examined the
matter and comprehensive guidelines are enclosed covering various aspects of
service of the summons/ Notices/ Judicial process on persons residing abroad.
You are requested to kindly have these comprehensive guidelines
circulated amongst all courts/ all investigating officers under your jurisdiction for
strict compliance.
Encl : As above.
Copy to :
i)
M/o Law and Justice , Deptt. Of Legal Affairs, Shastri Bhawan, New
Delhi
ii)
M/o External Affairs, CPV Division, Patiala House Annexe, Tilak Marg,
New Delhi.
iii)
JS(PP), MHA, Lok Nayak Bhawan, Khan Market, New Delhi
iv)
JD(Policy), CBI, North Block, New Delhi
v)
Joint Director, IB, New Delhi.
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs
Subject:
Comprehensive guidelines referred to in Letter No. 25016/17/2007-
Legal Cell, dated ______ of Internal security Division, Ministry of
Home Affairs regarding service of summons/notices/judicial
process on persons residing abroad.
--
Section 105 of Criminal Procedure Code (CrPC) speaks of reciprocal
arrangements to be made by Central Government with the Foreign Governments
with regard to the service of summons/warrants/judicial processes. The Ministry
of Home Affairs has entered into Mutual Legal Assistance Treaty/Agreements
with 22 countries which provide for serving of documents. These countries are
Switzerland, Turkey, United Kingdom, Canada, Kazakhastan, United Arab
Emirates, Russia, Uzbekistan, Tajikistan, Ukraine, Mongolia, Thailand, France,
Bahrain, South Korea, United States of America, Singapore, South Africa,
Mauritius, Belarus, Spain and Kuwait. In other cases the ministry makes a
request on the basis of assurance of reciprocity to the concerned foreign
government through the mission / Embassy. The difference between the two
categories of the countries is that the country having MLAT has obligation to
consider serving the documents whereas the non-MLAT countries does not have
any obligation to consider such a request.
Summons/notices/judicial processes issued by the Indian Courts.
2.
The summons/warrants/judicial processes received by MHA are
forwarded to the concerned Indian Missions/Embassies which in turn, takes up
the matter with the designated authority in that country. In case of MLAT
countries, the manner of communication is as laid down in MLAT and can be
either directly between MHA and the Central Authority or can be through the
diplomatic channel. The designated authority after considering the request
directs its agency to serve the document on the concerned person and the report
of the service, if any is also received through the same chain. This is broadly the
system in majority of the countries.
However, in some countries private
companies/NGOs have also been entrusted with the service of judicial papers.
3.
Based on the experience gained, some guidelines are given below which
may be followed while making a request to MHA for service of judicial processes.
It may, however, be noted that it is the discretion of the requested country to
serve the documents and any time frame for a positive response cannot be
predicted.
a) All requests for service of summons/notices/judicial processes on
persons residing abroad shall be addressed to the Under
Secretary(Legal), IS-II Division, Ministry of Home Affairs, 9th Floor,
Lok Nayak Bhawan, New Delhi- 110003. All requests shall be
forwarded through post only with a covering letter from the
Registrar/Court official giving the following information:
a) Material facts of the criminal matter including purpose of the
request and the nature of the assistance sought.
b) The offences alleged to have been committed, a copy of the
applicable laws and maximum penalties for these offence.
c) Name, designation, telephone and fax number of the
person/officer who will be able to give any clarification, if
required.
d) The complete address of the issuing authority to which the
judicial papers/service reports may be returned.
e) Approval of the competent authority to bear any expenditure,
which they be charged by the foreign government/agency for
the service of the documents.
f) Degree of confidentiality required and the reasons therefore(in
case of confidentiality requirement).
g) Any time limit within which the request should be executed.
This will be subject to allowance of sufficient margin of time by
the requesting agency, as indicated in para 3(iv) of the
guidelines
b) MHA, on receipt of request, will examine it in view of the provisions of
treaty, if exists, with the requested country and as per the provision of
CrPC in case of non-treaty country.
c) India has a MLAT with Singapore and the Govt. of Singapore has
prescribed a proforma which shall be completely filled and sent
alongwith the request for service of judicial documents. The said
proforma is at Annexure – 1 to these guidelines.
d) MHA requires at least a period of 12 weeks times for service of such
notices in the concerned countries. It is, therefore imperative that a
date of hearing/appearance may be decided accordingly.
e) In the case of non English speaking countries, the notices should be
accompanied with the certified/authenticated translation(in duplicate)
in the official language of the country where the notice is proposed to
be served.
f) Name and address of the individual/organization should be complete
in all respect and PO BOX no. and Passport no. will not suffice as
address of the individual.
g) Ministry of Home Affairs responsibility to service the summons is only
in Criminal Matters. Hence, summons in Criminal matters only may
be sent to the Ministry for service abroad.
h) MHA does not undertake service of the non-bailable warrants of arrest.
The service of non-bailable arrest warrents amounts to the extradition
of the individual. The request for extradition are based on certain legal
procedures contained in applicable treaties negotiated on the basis of
the International Principle of Extradition. Such requests are to be
forwarded to the Ministry of External Affairs, CPV Division, Patiala
House Annexe, Tilak Marg, New Delhi – 110001.
(A) SUMMONS ISSUED BY THE FOREIGN COURTS/AUTHORITIES:-
4.
The summons issued by the Foreign Courts/Authorities and received in
MHA will be served by the State Police through CBI-Interpol. However,
Indian Mission/MEA while forwarded such requests to MHA will ensure
that:-
a) The summon is followed with a translated copy in the Indian language.
b) A reasonable time say 10 weeks is allowed after the summons are
received in the Ministry of Home Affairs.
c) An Assurance of Reciprocity(AOR) is followed from the countries
which insist for the same in respect of Indian Summons.
Annexure-1
[Form for requests from prescribed foreign countries to Singapore for Assistance]
TO: The Central Authority in the Republic of Singapore
FROM: The Central Authority in India -Ministry of Home Affairs
REQUESTS FOR MUTUAL LEGAL ASSISTANCE
IN A CRIMINAL MATTER
Certificate on behalf of
The Central Authority in India- Ministry of Home Affairs
I, [name, appointment /position of person certifying] on behalf of the
Central Authority in India, Ministry of Home Affairs, who is responsible for [state
area of responsibility e.g. criminal prosecutions, investigations] in the
[requesting party] and who is also authorized to make requests for mutual legal
assistance in criminal matters ( in the Ministry of Home Affairs – India) certify
that the Ministry of Home Affairs- India respectfully requests the assistance of
the Government of the Republic of Singapore in a [Criminal matters].
REQUEST
This request is made pursuant to the Agreement between the Govt. of
Republic of Singapore and the Govt. of India agreed on 29th June 2005
(hereinafter “ The Agreement”) concerning Mutual Legal Assistance in Criminal
matters.
NATURE OF REQUEST
This request relates to the [describe subject of criminal matter e.g. service
of summons/Notices/judicial processes issued by the Hon’ble Court _________
In Case number____ u/s ____). The authority having the conduct of the
criminal matter is [describe authority concerned with the criminal matter]
CRIMINAL OFFENCES / APPLICABLE LEGISLATION/PENALTIES
[Set out the offences alleged to have been contravened in relation to the criminal
matter as well as maximum penalties for these offences and attached copies of
applicable legislative provisions. State identity of suspect/ accused person if
known) e.g.
Offence u/s _________ of the Indian Penal Code/ Cr.PC (define the section)
Section _______ “______________”
“Quote”
1State whether it is an investigation, prosecution or an ancilliary criminal matter.
Criminal matter is defined in section 2 of Singapore Mutual Assistance in
Criminal Matters Act (Cap 1904). An electronic version of this is available at
https://statutes.age.gov.sg/
STATEMENT OF FACTS
[DEScribe the material facts of the criminal matter including in particular, those
necessary to establish circumstances connected to evidence sought in the
Requesting Party and the relevance of Singapore evidence to the criminal matter
in the Requesting Party. Such other information as is required where the
requests relates to particular heads of assistance (e.g. location of persons,
enforcement of confiscation order) should also be stated) e.g.
PURPOSE OF REQUEST
By this request it is intended to [state purpose which is intended to be achieved
by the assistance sought to secure admissible evidence to be used in the trial of
____] e.g. serve a summon issued by the Hon’ble Court ______ in case no.
_______ u/s ________ of the Indian Penal Code/ Cr.PC and to secure the
presence of the accused before the said court on ________(date and time)
MANDATORY ASSURANCE & UNDER TAKINGS
It is confirmed that this request:
(a) does to the prosecution or punishments of a person for a criminal
offence that is , or is by reason of the circumstances in which it
alleged to have been committed or was committed, an offence of a
political character.
(b) is not made for the purpose of the prosecuting punishment or
otherwise causing prejudice to the person on account of that
persons race, religion, nationality or political opinions.
(c) does not relates to the prosecution of a person for an offence in a
case where the person has been convicted, acquitted or pardoned
by a competent court or by other authority [Requesting party] i.e.
of the Governement of India in respect of that offence or of another
offence consitituted by the same act or omission as that offence.
The Central Authority in [Requesting Party] i.e. India – Ministry of Home Affairs
further undertakes that:
(a) that any of the evidence / thing obtained pursuant to this request will
only be used for the purpose of the request in connection with [State
particulars of criminal matters]; and e.g. Case No. ______ u/s
_______ of the Indian Penal Code /CrPC; and
(b) that should the Hon’ble Attorney General of the Republic of Singapore
required the return of any evidence / thing obtained pursuant to this
request, at the conclusion of [state particulars of criminal matters] for
e.g. case no. ________ and of all consequential appeals, the
evidence/ thing will be returned to the Honorable Attorney General of
the Republic of Singapore.
ASSISTANCE REQUESTED
The Government of Republic of Singapore is requested to take such steps as are
necessary to give effect to the following:
[describe particular type of assistance required] e.g.
To serve the summons issued by the Hon’ble Court of _______ in Case No.
________ u/s _____________ of the Indian Penal Code/ Cr.PC on the
accused Mr. _________ r/o _________.
EXECUTION OF REQUEST
Confidentiality
[State confidentiality requirements of the Requesting Party, if any] e.g.
There is no requirement of confidentiality in this matter.
Procedure to be followed
It is requested that the following procedures be observed in the execution of the
request
•
[State details of manner and form2 in which evidence is to be taken and
transmitted to the requesting party, if relevant]
[State any special requirements as to certification/ authentication of
documents]
[State if attendance by representative of the requesting party at
examination of witnesses/ execution of request is required and, if so, the
title of the post held by the proposed representative.
•
•
e.g.
The summon along with the copy of the complaint filed in the court may
be served upon __________ and his signature on the duplicate copy of the
summon may be taken as token of acknowledgment and forwarded to the
Ministry of Home Affairs, Government of India, through diplomatic channel.
Period of Execution
It is requested that the request be executed within [ State period giving
reasons i.e. specify likely trial or hearing dates or any other dates/ reasons
relevant to execution of requests] E.g. at least 10 days before i.e. (date)
_______, which is the next date of hearing in the Court of ___________
Signed by
Name /Designation
Office
Date
_______
2please provide proforma or form of words as appropriate
:
:
:
:
____________
Annex B
SAMPLE NOTICE TO PERSON SERVED UNDER ARTICLE 14
TO
[State name and address of person to be served] e.g.
Mr. R Ravindran
93, Loyang View
Singapore 507188
The Central Authority in India – Ministry of Home Affairs [Requesting State] has
made a request pursuant to the Agrement between the Government of Republic
of Singapore (Requested State) and the Government of India (Requesting State)
concerning Mutual Legal Assistance in Criminal Matters for the service of the
attached process:
[describe process and documents, if any to be served] e.g.
Viz: to serve summons issued by the Ld. Additional Chief Metropolitan
Magistrate, 47th Court, Esplanade, Mumbai in CC No.4700982/SS/2007 u/s 500
of the Indian Penal Code.
Please note that by serving the process on behalf of the Central Authority in India
– Ministry of Home Affairs [Requesting State], the Government of Republic of
Singapore [Requested State] takes no position with respect to the merits of any
proceedings in the Additional Chief Metropolitan Magistrate, 47th Court,
Esplanade, Mumbai in CC No. 4700982/SS/2007 u/s 500 of the Indian Penal
Code in the [Requesting State].
Please review the attached process carefully for instruction and deadlines. If you
have any questions about them you may wish to consult a lawyer. You may also
contact [[the representative of the Requesting State] directly at [ Phone number
or other contact details] e.g. Mr. Jayant L Phoujdar, Advocate, Mumbai High
Court directly at 022-66377902, 79037904.
However, if the process is a process other than a summons to appear as a witness
under the law of the India [Requesting State], please note that [ to be advised by
the Requesting State of other possible consequences, if any under its law if the
person refuses or fails t accepts service or fails to comply with the terms of service
of process]. E.g. warrant of arrest will be issued by the Additional Chief
Metropolitan Magistrate, 47th Court, Esplanade , Mumbai, if the person refuses or
fails to accept service or fails to comply with the terms of service of process.
