Yes , you can sent him notice via Indian lawyer. And it will tale minimum 6 months if things go smoothly and mutually.
And why do you need to contact him?
Serving Canadian divorce notice to husband in Hyderabad Indian
My lawyers in Canada are saying that I can only serve the divorce notice through Department of Legal Affairs Central Agency in India. This process might take 6 months. But in that much time I do t even know if he will stay in the same city. I might not be able to locate him. Is this true? Are there any other options? And if I do have to use Central Agency. How do I contact them?
Asked 4 years ago in Family Law
Religion: Muslim
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13 Answers
You can send legal notice for divorce by email or registered post or speed post
after filing petition serve summons as per court orders
You can serve the notice in his last known adress Or his work place
Hi, As per Indian law you can't serve the notice through Central agency. In India you can serve the Notice through Post, Courier. You can use these modes.
Dear Client,
India generally acknowledges a Canadian divorce as a valid divorce. Likewise, Canada generally recognizes an Indian divorce as a valid divorce. So, in Canada as long as one of the spouses primarily resides in a Canadian province for more than 1 year prior to applying for divorce, that couple is eligible to get a Canadian Divorce.
Thankyou
- If you have filed the divorce petition in Canadian court , then the notice can be served through the consulate of India or as per direction of the said court.
- Further, if you are sending only a legal notice and not filed the petition in Canadian court then you can directly served the notice to him by postal service.
- Further, you must know that the decree of divorce granted by the foreign court is valid in India , if and only granted on the mutual divorce as per Muslim Law or contested by both the parties.
1. You can send him notice by post/courier first.
2. If he refuses to receive the said notice, then only you shall have to send another notice on the same issue through the said agency.
3. However, if you are an Indian and have married in India as per Indian law, then please be aware that the decree of divorce passed by the foreign court will not be considered as valid in India.
4. It will be prudent and purposeful on your part to negotiate with your husband and file a mutual consent divorce petition before the Indian Court on agreed terms, which will be decided within 6 & 1/2 months from the date of its filing.
I wanted to provide more clear information. I have submitted the divorce to superior court of justice in Canada. And now he needs to be served for the court date to be set. Our marriage took place in india 24 yrs ago. But we are both Canadian. I was born in canada and he has lived in Canada for more than 20’yrs. He has only recently gone back to Live in India a few months ago. Can a hire a lawyer in India to serve the documents so there is more clear proof that he has been served? Or postal is service is the only valid route before going through central agency.? Thanks FYI the Islamic law is separate and I am dealing with it separately
Asked 4 years ago
You can issue legal notice to his address directly if you are aware of his address.
If you have filed the divorce case in Canada as per the law of the Canada country then you may have to follow the procedures of law prevailing in that country in this respect.
You can request the court in Canada to permit you to take private notice to the respondent to be served by you directly to his address since you are knowing his address.
If the court permits you to take private notice to be served on him then you can send the copy of the court notice directly and file the acknowledgment of service before the court in Canada as a proof of service of summons to him.
The court will decide further course of legal action accordingly
Service of summons should be as per procedure prescribed by Canadian courts
in india in divorce cases service of summons can be done to spouse abroad through registered post AD
service of summons through courier is not accepted by many family courts in india
- Even if you are a Muslim then under the law of Sharia , a woman cannot divorce her husband one sided i.e. without informing the husband
- Hence, there are ways to get divorce i.e. either by way of Mutual divorce under the Muslim law or a contested divorce .
- Hence, even if you will get one sided divorce then it will not valid in India
You can contact me , if further suggestion needed.
Yes you can hire a lawyer too for service of documents in India if you desire to.
Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
Dear client,
You take can both the routes, in this case. Hiring a lawyer can help with making sure that he has been served, but even a postal service would work.
Thank you.