Legal Question in Family Law in India

My Husband is in U.S and is not a permanent resident .I have filed for divorce in india and have already sent summon once almost 5 months back. Till now he has not filed any response. My question is

1. Is it necessary to send summons twice or thrice before any verdict could be passed.Can I skip sending summons n go for publication of the same in newspaper in india or send summons through email. He has NOT filed any response in other cases filed against him and its been 2 yrs since the case had been filed. Please guide


Asked on 7/19/14, 8:41 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Serving a notice in such cases is always difficult. Now, when a notice is served through embassy or other medium, a finding/report comes along with the notice if the notice is not served. We have to check that so that other options could be used to serve the same. Without, it court can't proceed ex parte.

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Answered on 7/19/14, 11:27 pm

India and US are parties to the Hague convention and as per the convention, the summons can be sent through hague office in India to the US. you need to serve the summons to him in US in case you want your case to progress. publication in local newspaper cannot be allowed by court as he is residing in US.

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Answered on 7/29/14, 11:15 pm


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