Court has to direct mode of service
if court permits you to serve summons through courier then you can send summons by courier
Serving notice to defendant in India from overseas
I'm Singaporean and my wife is an Indian citizen. We got married and got registered in India. My wife and I have been married for 3 years now. She left Singapore a year ago and never came back. Whenever I made contact, she refuses to continue the married life and thus have not taken any action to file for divorce either. So I'm filing from Singapore instead. My question now is under Indian law, is it permissible to effect service of a Singapore Writ of Divorce by way of personal service? Personal service meaning handing the document directly to the defendant by hand at her place of residence. I have enquired from a couple of other lawyers in India regarding this. However they mentioned that courier services can be engaged instead of the lawyer of law firms in India. Does this mean that I can send the notice to my wife via courier services or her email that easily? Or do I/my lawyer in Singapore have to go through the Singaporean court and gov channels to get jurisdiction in order to send her the notice?
Asked 5 years ago in Family Law
Religion: Hindu
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11 Answers
It is the Rules accepted under Singaporean law that will govern the procedure of service on defendant/respondent not the Indian law. You need to ascertain from lawyers in Singapore. Any decree of foreign Court obtained on merit is valid in Indian Court under Indian law known as Civil Procedure Code, 1908, Section 13. Obtain a valid decree of divorce by proper service of notice on defendant/respondent so that the same will be implemented in India. A notice served through courier is valid in India. You can also get the service on defendant through the Indian Consulate in Singapore.
You can send legal notice from your side by any source or manner, either through your lawyer in Singapore directly or through a lawyer in India.
You can also send the legal notice by yourself either by courier service or by postal service.
You need not approach court either in Singapore or in India for sending the legal notice to her.
If you have filed a divorce suit in Singapore or a divorce petition in India, the court will send the summons directly to her.
Dear Sir,
As per your query you can send the papers easily through courier services and that would to be considered as a valid delivery of the document. On the same note you need to make sure you have a copy of the acknowledgment receipt and also to be on the safe side you need to inform your wife about the courier of the documents and the tentative dates it could arrive. Lastly, you can send the divorce papers through an email i addition to the courier services. Thank you.
If you have any further doubts please consult me.
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1. Unless and until your wife participated in the divorce proceeding pending in Singapore ang ex parte order passed therein would not be held valid in India.
2. The law regarding service of summons in India would be the law of Singapore. Therefore to know the mode of service you need to consult with Singaporean advocate.
You can utilise the services of courier service to send notice to her address in India.
1. Your lawyer can send notice to your wife through Courier service.
2. Since you two have married in India as per Indian law, you shall have to get the decree of divorce passed by Indian court.
3. The decree of divorce passed by the foreign court (unless it is a MCD petition jointly filed by both husband and wife), id not considered as valid in India and you shall be considered as husband and wife in India as per Indian law.
- You should know the following laws of India i.e..
- A Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in abroad court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by abroad Court will not be applicable in India.
- Further, Ex-parte decree of Divorce granted by US Court will also not be recognised by Indian Court.- Ex-parte means , One party divorce.
- Since, she is not residing in Singapore , then on her absence the decree passed from that country court will not valid in India.
- Hence, if she is not interested to live with you , then you should take her consent to file a mutual divorce in India.
take your notice and scan it. send the original copy by reputed courier like fedex and send scans by whatsapp and email. send a copy to a local lawyer who will post it by indian registered post. it will be enough to show the service, both in india and outside india.
If the marriage was solemnized in india better to file here
G.Rajaganapathy
High Court of Madras
Hi, you can serve the notice through the Courier. There is no government channels to serve the notice of other countries.
