Madaan & Co.
Attorneys at law & Advocates   lawfirm

Process Serving in India - FAQ's

Hague Process Servers, Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters, Subpoena Serving in India, Serving Summons in India, Serving Summons in India, Serving Subpoena in India, Serving Process in India, Serving Complaints in India, Serving Divorce Papers in India, Serving Legal Documents in India, Process Servers in India

Madaan & Co.
Attorneys at law
E-mail: 
click here
Fax: (216) 928-9537 (USA)
WWW.MADAAN.COM

 

 

 

Serving Documents in Delhi
Serving Documents in New Delhi
Serving Documents in Punjab
Serving Documents in Haryana
Serving Documents in Chandigarh
Serving Documents in Mumbai
Serving Documents in Bombay
Serving Documents in Maharashtra
Serving Documents in Gurgaon
Serving Documents in Chennai
Serving Documents in Kolkata
Serving Documents in Bangalore
Serving Documents in Amritsar, Ludhiana, Jalandhar, Patiala
Serving Documents in all parts of India


 

3

Please Read Disclaimer

No legal advice is intended in the statements contained herein. The information contained herein is provided for general information only and may not be accurate at the time of service in a particular case or country. Care should be exercised in choosing the method of service (formal/informal) if eventual enforcement of a judgment is anticipated in the country where the documents are to be served.

Copyright Madaan & Co.

FAQ about Serving Documents in India

 

inmhorsd.gif (940 bytes)


What is the Method of Service of Process or Documents in India from the Courts of Foreign Countries who are signatory to the Hague Convention?

India is now a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters.  Therefore, the formal method for service in India with effect from August 1, 2007 is pursuant to the Hague Convention and declaration or special conditions mentioned by India in while signing the Hague Convention.

What are the advantages of Serving under the Hague Convention?

The judgment is enforceable in the country where documents are served. For examples, a Judgment given by a USA court is enforceable in India, if the process is served under the Hague Convention, for a case filed in a USA court.

What are the Disadvantages of Serving under the Hague Conventions?

It takes a longer time to serve under the Hague Convention procedure which is formal and time consuming.

What are the conditions of serving under the Hague Convention in India?

All the requirements of the Hague Convention must be met while serving the documents, complaints, summons / subpoena in all Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters. In addition, the special requirements declared by India must be met. The declarations to the Hague Service Convention made by India include the following conditions:

  • Documents for service must be written in the English language. This is a good news for USA litigants who do not have to bear the costs of translation.

  • Documents can not be served via mail.

  • Documents must be served indirectly via the proper authority in India.

  • Documents can not be served directly to the defendants in India by private judicial officer.

What are the types of cases where Service under the Hague Convention is required?

In all kind of civil cases the service under the Hague Convention is required including: Civil matters, including Matrimonial cases, Divorce cases, Custody cases, family law cases, Commercial cases & Corporate cases.

How long it takes to Serve under the Hague Convention?

Generally, it takes longer to serve under the Hague Convention in India.

Click here to Contact us for Process Service in India under the Hague Convention

inmhorsd.gif (940 bytes)

 

What is the method of Personal Service in India?

Private process servers may serve documents in most countries, whether a signatory to the Hague Service Convention, or not. Service is normally handled in a manner similar to methods used in the United States. Service of process via this methods generally meets the USA federal or state rules only.

What are the Advantages of Personal Service?

The advantages of Personal Service include less delays, as the completion of the service is faster. Typically, it also costs less. The judgment is also enforceable judgment in the home country.

What are the Disadvantages of Personal Service in India?

The Judgment may not be enforceable in India, depending upon the matter.

How long it takes to Serve Personally?

A typical personal service in India takes less than one month, which is shorter than service under the Hague Convention.

Click here to Contact us for Personal Service in India

inmhorsd.gif (940 bytes)

 

Which method of Service in India should I use for a case filed in USA?

For a case filed in a court in the United States of America, the service under the Hague Convention is generally required. Specially, if the judgment given by a court in the USA (or any other foreign country which is signatory to the Hague Convention), is to be enforced in India, then service under the Hague Convention is required. However, since the service under the Hague Convention takes a longer time, some people prefer to do both, Personal Service along with the Service under the Hague Convention. 

Click here to Contact us for Process Service in India

inmhorsd.gif (940 bytes)

What kind of Documents can we Serve for you in India?

  • Serving Summons & Complaints in India in divorce cases filed in the USA

  • Serving Summons & Complaints in India in commercial and civil cases filed in the USA

  • Serving Complaints in India

  • Serving Petitions in India

  • Serving Subpoena in India

  • Serving Divorce Papers in India

  • Serving Other Judicial and Extra-Judicial documents in Civil and Commercial Matters in India

inmhorsd.gif (940 bytes)

Where kind of Services can we do for you?

We can do the following kinds Services:

  • Personal Service in India

  • Service under the Hague Convention in India.

inmhorsd.gif (940 bytes)

What is the applicable law in India for service of Foreign Documents?

1. India is now a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters. India acceded to the Hague Service Convention in late 2006 and the treaty is enforced in India from August 1, 2007.

2. The Indian Code of Civil Procedure, Act of 1908 (CPC).

See also Process Serving in India - Types

inmhorsd.gif (940 bytes)

Q: I have filed for a divorce petition in the USA. Is the divorce judgment given by a USA court enforceable in India?

A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from a qualified attorney.

Q: I am an NRI. I was married in India. Can I file for divorce in USA?

A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from a qualified attorney.

Q: I am an NRI. I was married in India. I live in the USA now. Do I need to file for divorce in India?

A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from a qualified attorney.

Q: I am an NRI. I was married in the USA. Can I file for divorce in India?

A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from a qualified attorney.

Q: I am an NRI. I was married in India. I have filed for divorce in USA. Do I need to file for divorce again in India?

A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from a qualified attorney.

Q: Is a divorce degree given by a court in the USA recognized in India?

A: This is a complicated legal question as each case has peculiar facts and circumstances. It requires proper legal advice. Therefore, please seek proper legal advice from a qualified attorney.

Q: Which are the major cities in India?

A: Major cities of India include Agra Ahmedabad Ajmer Allahabad Amritsar Aurangabad Bangalore Bharatpur Bhopal Bikaner Bombay Calicut Chandigarh Chennai Cochin Coimbatore Darjeeling Dehradun Dharamsala Gurgaon Gwalior Haridwar Hoshiarpur Hyderabad Indore Jaipur Jaisalmer Jalandhar Jodhpur Kanchipuram Kaporthala Kodaikanal Kolkata Ladakh Lucknow Ludhiana Madurai Madras Manali Mumbai Munnar Mysore Nainital Ooty Patiala Pune Pushkar Shimla Trivandrum Udaipur and Varanasi.

Q: Which are the states of India?

A: The States of India are: Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh Jammu and Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttaranchal Uttar Pradesh West Bengal. The Union territories in India are: Andaman and Nicobar Islands Chandigarh Dadra and Nagar Haveli National Capital Territory of Delhi Daman and Diu Lakshadweep Pondicherry.

Click here to Contact us

inmhorsd.gif (940 bytes)

Click here to Contact us for Serving Documents in India

Contact Information:
Madaan & Co.
Attorneys at law
E-mail:  click here
Fax: +1 (216) 928-9537
(a US area code)
WWW.MADAAN.COM
 


Home Page | Our Services  |  Newsletter | Contact us  

 Process Serving in India - TypesFAQ on Process Serving in India  | NRI & PIO  | Marriage & Divorce Procedure in India  | Obtaining Marriage Certificate in India | Enforcing a Foreign Award in India | Enforcing a Foreign Judgment in India  |  Litigation in India | Dispute Resolution in India | Arbitration in India | Arbitration in USA  |  International Commercial Arbitration  |  Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial MattersIndia Hague Process Servers  |  Serving Complaints in India  | Serving Documents in India

Doing Business with India | Incorporating company in India | Procedure for Formation of Company in India | Patents in India | Trademarks in IndiaTax Rates in India | Joint Ventures in India | FDI in India Sector wise Guide | India Business | Arbitration in India | Cyber Laws of India | Corporate Compliance in India | Corporate Affirmative Action Program in India  |  Outsourcing Agreements | Outsourcing to India | Legal Outsourcing | Incorporating in USA | Doing Business in USA | International Joint Ventures

inmhorsd.gif (940 bytes)