No contact order with wife and kid, how to serve her summons

IS ur wife in India or US

@ Author

1. File divorce if that is what you want and seek Dasti Service before 14 days plus 48 hrs. (both added).  
2. Call her same day just after getting your suit for divorce admitted (number by the Court) and say yes to her coming back and offer to get her and child picked up.
3. Take from Nazarath Branch a Dasti Server in plain cloths with you to her pick up point. He will serve the Service of Divorce upon her and take her signature. He will ask you to make a statement - one line that service was done at such and such person at such and such time at such and such place. Then he will return the Service Form effective upon back to your suit file Court with his Oath statement reiterating what you said and will add one more line from his side stating it to be true.
4. It is obvious that your purpose to serve divorce suit Service is thus served but her purpose to reunite will get defeated and now prepare for any civil and or criminal counter attack she will do on you.
5. There is no other way to further you passion of call for effective Service other than a divine intervention read with some detective work to know her 'ordinary residence" to follow normal process of Service.


BTW, if her parents receive the Service then it is also called as a effective service as the Service is in her name and the person receiving is bound down by Court to produce that person on whose behalf he/she has received the court service and or it is assumed that such and such suit in Court knowledge that person has but is avoiding tendering his/her appearnace which are all good matter for adversial proceedings agains that person!

Follow whichever path you feel comfortable from above answers.

@ Author

Addendum which I should have reasoned in above reply however adding them here basis of my above reply;

1. You married in India as per Indian Family Laws
2. Your wife is Indian national.
3. You are Indian national.
4. Your child was born in India and is a Indian national.
5. Fate read with fame brought you to US shores some 6 years back. The H1 Visa and your work there are now finished and you sailed back to Indian shores for good as you yourself write I your briefs.
6. However, there are pending cases in USA with a 'no contact with wife for next 3 yrs. order'. I doubt you flying back to USA to attend those pending case(s). I further doubt your wife flying to USA to appear in her case(s). You further say you are broke with hourly charges of US Attorneys so where all these as in your briefs inference too, none other than process flow in hand in my first above reply?


If all above are correct reading down your briefs then above reply is valid read with my other post of this week in same Forum on foreign divorce decree vs. Indian Law a very short primer I stated, read it before replying that I did not read some USA Court Order on 'no contact with wife" which you are taken to heart living in India as if USA and India have extradition treaty on matrimonial offences - none man and moreover India  is not signatory to Child Rights Convention to extradite a child of Americans abducted to India which is also not the case in hand.

I think there are many suppressed facts in this issue.  

There are many legal procedures with alternatives available and all Lawyers univeresally know this.

I didnot agree with you that no one guided you.

If you problem is genuine, approach any advocate for right advice. (Even a final year Indian Law student can guide you effectively.)

........ all the best.

some answers to the questions put by people:

a) am a US Citizen but have relocated back to Mumbai, India for good as there is no job prospect over there in US.

b) my wife is a permanent resident in USA (green card holder) but us an Indian Citizen and the child though born in India is now a US citizen and resides with the mother in USA.

c) as for calling her to some pickup point, I cant do that as there is a no contact order in USA with her and the kid and am not even supposed to know where she lives. Hence doing a Dasti Service may not be a good option as it would violate the no contact order.

1. If the stay away order was issued by US court, then making contact with her thro an attorney or process server DOES NOT violate terms of restraining order. 

2. Technically, you can make a motion to the court to vacate the restraining order. If you need help, pm me offline. All court records in US are public and searchable. I can search your case based on your first name, last name and county.Once I find  your case, the court application ( like DomainWeb) can show the entire case filing online. In the case filing, her last known address would be there and you can get a attorney to serve her papers at the last known address. If she does not turn up, you have a fair chance of getting the stay away order vacated in full.