I got married last year in India; unfortunately there are lots of problems in our married life. Therefore I have decided to file a divorce. My wife lives in Canada (On work visa). I have got her India as well as Canada addresses .Can someone advise please advise to which address of her shall I send the summon andwhat is the best/quick way to send summon ( Courier, register post , email etc). Please also advice how it can be proved in court that the summon has been delivered to her.
If you want to send prelitigation legal notice, you can send them by regd. post ack. due and speed post and e-mail and fax is availabe in that method and courier. Keep the receipts in tact and copy down the speed post track report from internet, which shows that the speed post has reached the addressee. You shall send them to both Indian and Candidan addresses. Once you file a case, in the petition, you mention the both addresses of the wife and the court will give appropriate orders in which mode the court notice has to be sent. If you request the court that you want to send it by regd. post and speed post and ordinary post and e-mail and fax and court approved courier, to both the addresses, the court will pass order in those lines. Then you have to file process fee and the envelopes with sufficient stamps and court office will take care to send them and by the next date court will get acknowledgment from the addressee that the notice has been received and court will proceed further. Sometimes, court will refuse for fax and e-mail notice. But court will approve for Regd. and Speed post.
in the petition while you are filing their the respondent (wife) both the address should be mentioned as permanent address and present staying address and also you should mentioned the purpose of staying their as
court will grant more time for the notices sent abroad and if court does not provide the time you can request as the notice has to be sent abroad and also you have to request in what way you have to send and for the same you will be receiving the acknowledgement and you have to submit the same to the court on next date with proof of received by the other party
A local family court has allowed a lawyer to serve a notice by email to a girl in Australia on a divorce petition filed by her husband.
Setting an ideal precedent for use of information technology (IT) as an effective tool in judicial proceedings, a local family court has allowed a lawyer to serve a notice by email to a girl in Australia on a divorce petition filed by her husband. The idea was to see that the notice reached the respondent fast and on time.
The petitioner, Mitesh Patel, wanted to send divorce notice to his estranged wife Puja by email as he knew that she had changed her residential address. He also apprehended that she might refuse to accept the court summons if sent by regular post. After the summons were sent by email, Puja gave a reply by email, saying that she had got copies of the notice and the divorce petition. The court accepted Puja’s reply as record. Now, Mitesh can proceed further on the petition.
“We decided to send copies of the notice and the petition by e-mail on the basis of Information Technology Act, 2002. According to the Act, one can use email to serve notices and summons of the court and the court can also recognise it once the other party endorses it by giving reply,” said Dilip Ahuja, lawyer of Mitesh. “This tool can be used effectively when parties are abroad,” he added.
Mitesh has claimed in the petition that Puja used him as a tool to go to Australia and earn money. “Even she also refused to cohabit, thereby not consummating the marriage, and went to her sister’s house in Melbourne to stay there,” he cited in the petition.
As the case goes, Mitesh, a citizen of Australia and working in a government department in Brisbane, had come to Ahmedabad to look for a bride. Mitesh met Puja, a resident of Satellite area, and they got married by registering the marriage in December 2007.
In April 2008, Puja reached Brisbane on ‘spouse migration visa’. However, Puja’s behavior changed thereafter and she went to her sister’s house in Melbourne. According to Mitesh, he tried his best to restore the marriage but in vain. Then he filed a petition of divorce in a family court in Ahmedabad through his father. (Names have been changed)
Thanks All for your quick reply. Please also advise can I send her notice through my personal email id. If no then please advise what is the detail procedure to send the notice by email.
when the summons is issued by the court it is governed by the rules and directions issued from the high court to which the court is subordinate. generally summons to defendants residing out of india is governed by Order 5 Rule 25 of Code of Civil Procedure.
25. Service on defendant resides out of India and has no agent.- Where the defendant reside out of India and has not agent in India empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him or by post or by such courier service as may be approved by the High Court, by fax message or by electronic mail service or by any other means as may be provided by the rules made by the High Court, if there is postal communication between such place and the place where the court is situate:
Provided that where any such defendant resides in Bangladesh or Pakistan, the summons, together with a copy thereof, may be sent for service on the defendant, to any court in that country (not being the High Court) having jurisdiction in the place where the defendant resides:
Provided further that where any such defendant is a public officer in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf.
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Remember the above quoted provision is subject to state amendments and rules and directions prescribed by the respective high courts.
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