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Vab (Engineer)     08 October 2015

Serving divorce papers in india

I live in USA and she in India.

She has the kid ( US citizen) with her and we are seperated for over 2 yrs.

I filed for divorce in CA, USA and served papers to her via regular process service in India.

My lawyer in USA assured me that I could get my divorce done in 6 months.

Today court rejected the application to enter default saying that becuase she was served in a foreign country there are different rules and I should refer Hague convention.

Any suggestions on how I can get my divorce in USA?

I already contacted my USA lawyer but he is really hard to reach.

Thanks



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 October 2015

Sir,

 

There are different rules for service of petitions in each country, but before I could give you any opinion, I need to know certain things regarding her residentail status at the time when you have filed the petition.... and have the summons been send through Court or Ministry?

 

Please share some more details for final opinion.

 

Warm Regards

Kapil Chandna Advocate

9899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     08 October 2015

I agree with the views of Adv Kapil

Vab (Engineer)     08 October 2015

Thank you Adv Kapil.

She is a USA green card holder and so am I. She was in India when the papers were served to her. She is still in India.

Papers were obtained via local USA court and a process serving company directly served the papers to her.

The USA lawyer then took the proof of service and submitted it to the local court.

She had one month to submit her response to the summons but she never submitted any response to the USA court.

After waiting for 3 months to seee if she responds, ( she never responded) the USA lawyer then moved ahead and also subimitted further documents requesting that she should be defaulted.

At this stage the court sent the lawyer a letter saying that becuase she was served in a foreign country there are different rules and I should refer Hague convention.

I really want this divorce to be done from USA at the earliest.

I don't care about my marital status in India. I just want to be single again in USA.

Any advice?

Thank you so much.

 

 

 

 


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