Personal service is not prohibited in India. You may serve the notice. But tge defendant has to accept the jurisdiction of the foreign court so that the decree granted by the foreign court is enforceable in India.
Wish to serve Singapore Writ of Divorce to a Defendant in India. Under Singapore law, personal service (ie delivering by hand) is the preferred mode of service. Further under Singapore law, so long as there is no law in India that mandates a certain form of service (other than personal service) or a law that prohibits personal service, I can serve the papers on the Defendant via personal service. So my question is this: is there any law in India that mandates a form of service (other than personal service) or any law that prohibits personal service?
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Personal service is not prohibited in India. You may serve the notice. But tge defendant has to accept the jurisdiction of the foreign court so that the decree granted by the foreign court is enforceable in India.
1) summons shall be sent to the defendant through registered post, acknowledgement due.
2) order V of CPC deals with service of summons
3) Rules 9 to 16 deals with the manner in which the service of summons may be made. Rule 9 says that summons should be served by the proper officer or his subordinate. Rule 10 prescribes the mode of service viz. by delivering or tendering of duly signed and sealed summons.
Service by post:
As per rule 10-A, at the time of issuing the summons under rule No. 9, another copy of the summons shall be sent to the defendant through registered post, acknowledgement due.
The mode of service prescribed under law of India, Civil Procedure Code, 1908 Order V Rule 25 on defendant residing out of India is, “the summons what is called writ of divorce in Singapore is; summons shall be addressed to the defendant at the place where he/she resides and sent to him or by post or by such courier service as may be approved by the High Court, by fax massage or by electronic mail service or by any other means if there is postal communication between such place where the court is situate.” You can make use of this provision and send writ of divorce by any of the above mode stated. This form is accepted in India and that should satisfy the requirement under Singaporean law. For better understanding ask you lawyer to refer to the provisions of order V of Civil Procedure Code, 1908 available online.
if you will send notice through court then it will be served by hand. your notice will reach the local court and then the court will order that it may be served through indian court procedure, where the notice is served physically. for this you need to get the order that the notice be sent to the judicial officer of the local jurisdiction for service. this notice will arrive in india either by you or you can post it to the local lawyer who will go to the local court and will take the order for service.
good luck
The Indian law governs the procedure to be adopted in Indian court.
I has nothing to deal with the procedure to be adopted by Singaporean court as per Singaporean law.
1. In India all three modes of service i.e. personal service, service by post and also service by paper publication of the Notice are valid.
2. None of the above modes are prohibited in India as peer law.
Hi, There is no prohibition under Indian law service of summons through personal service. If the Defendant will receive your service. You can serve the same by personally.
Serving of court summons can be made either through court or by private service on the orders of court.
You may obtain an order from court permitting you to serve the summons through private service and send it through your lawyer to her directly.
- As per law, in India , Service by post , personal service i.e. called Dasti with the help of court personnel team , affix cation and publication are allowed.
- Hence , you can adopt the personal service as well.
Dear Sir/Ma'am,
Several Courts around the country are experimenting the usage of technology and in judicial proceedings especially while serving of official documents. Recently, the Delhi High Court gave an order setting a milestone, “Double tick on WhatsApp is a prima facie proof of delivery of summons.”
The primary method of serving summons is by personal service, which means that someone must physically deliver the summons document to the other person. There may be certain restrictions depending upon the jurisdictions and whether the case is civil or criminal. The alternative method is to affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain if the serving officer after due diligence is not able to trace the person. The Court shall also in addition to personal service, may direct the summons to be served by registered post at the place where the defendant, or his agent, actually and voluntarily resides or carries on business or personally works for gain.
The summons in most cases are not served timely due to reasons like shortage in the manpower or lack of training and more often due to the challenging task of dealing with people who avoid service of process. To address the existing bottlenecks and introduce reforms in the rules and procedures relating to process service, important legislative changes have been introduced in the procedural laws. Further, High Courts have also adopted practical steps to address the problems of delay caused due to process service by introducing changes in rules and policies. The Code of Civil Procedure, 1908 was amended in 2002 which included electronic means of serving summons in Rule 9 and 9A.
Rules for serving Summons
Rule 1 of the Order V talks about the issuance of summons on a "duly instituted suit", which expression casts duty on the court, before issuing the summons to the defendant to ascertain that whether the suit has duly been instituted in accordance with the relevant provisions of CPC or other governing law(s).
Rule 2 requires that summons in the name of defendant must be accompanied by the plaint or, if the court so permits, by a concise statement. This requirement is also not complied with in most of the cases. In my view, which is also supported by a judgment of honourable Lahore High Court, the judge issuing the summons should also pass an explicit direction to office that summons should be issued with the copy of plaint attached with it.
Procedure for issuances and service of a Summon
Once a Summon is signed by the Presiding Officer/Judge and seal of the Court is affixed, the Summon is then given to a Police Officer to serve the same on the person summoned to the Court, ideally the summon should be served personally on the person who is summoned by tendering the duplicate copy of the summon.1 However, if the person who is summoned cannot be found, the summon may be served on an adult male member of the family who resides with the person summoned.2 In the event, if the summon could not be served, either on a concerned person or any adult male member of the family residing with him/her, after necessary due diligence, the serving officer may affix the duplicate copy of the summon on the door or any other noticeable part of the residence.3 The Court upon making necessary inquiries as the case may be either declare that the Summon has been duly served or may issue a fresh Summon for service in such manner as it may consider proper.