Process Service in India
The process
service of documents in India, pertaining to matters filed or pending before
foreign courts, should be done in accordance with the provisions of the Hague
Convention. This is so because India is a signatory to The Hague Convention
(Convention on the Service Abroad of Judicial and Extrajudicial Documents in
Civil or Commercial Matters). As is evident, the service of documents in civil
and commercial matters should conform to the provisions of the convention.
The Central
Authority of the country where the court is situated has to send the documents
for service to the the Central Authority of the country where the respondent
presently lives. The documents then move through the proper channel and are
served upon the respondent. The time taken for service of documents in India
takes six to eight months. Further, the respondent may refuse to accept the
documents and is such case all the time and resources will be wasted.
To avoid
unnecessary delay and expedite the legal proceedings, the process service of
documents can be done by professional personal process servers like us. The
method of serving the documents is quite fast and is considered valid in most
of the situations. You are advised to opt for this mode of process service only
on the advise of your attorney.
Personal Process Service
The documents are served by a professional process server who has complete understanding of local laws and also of the laws related to the relevant foreign jurisdiction. This mode of service is quite fast and is acceptable in most of the cases. However, you should act only on the advise of your attorney. The Affidavit of Service will be provided to after the documents are served.
Service Under Hague Convention
The documents are passed by the Central Agency of the country where the court is located to its counterpart in the recipient country. The documents are served to the party through a proper channel. This mode of service is slow and can take more than six months. The preparation and dispatch of Certificate of Service takes additional time and thus further delay.
Our Services
Service of Divorce Papers
This is the most common type of process service that we perform. If your spouse lives in India and you have filed for divorce in a country other than India, law requires you to send a copy of divorce petition and other relevant documents to her. All the parties to the litigation have the right to get a copy of the papers connected with the case.
Service of Summons, Subpoena etc.
We can serve any type of judicial or extra-judicial document for you such as Summons, Subpoena etc. The service of documents could be related to Civil Matter, Commercial Matter or Criminal matter. Further, the service can be done upon an individual or a business enterprise. The documents are served in the manner required by the appropriate jurisdiction.
Affidavit of Service
After the process service of documents is done, an Affidavit of Service is prepared by the process server who was deputed to serve the documents. The affidavit mentions all the necessary information including the details of the respondent and time, place and manner of service. The provided photograph of the respondent which was used to identify him/her is annexed to the affidavit.
The affidavit is prepared on non-judicial stamp paper of appropriate value and is signed by the process server in the presence of Notary Public. The document is then notarized and entry is made in the notary register. The duly notarized affidavit will then be sent yo you by post and you can use it before the concerned court as proof of service.
Contact Us
India Office
Address: 312, Panchkula Heights, Mohali, Punjab 140603
Phone: +91-9999823663
email: [email protected]
