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  • Server divorce summons to india

    My wife and Kid(3mths old) went to India in March 2013.She told that she will come back after 6mths.
    But she is not coming back.After waiting for 4 years,I decided to file dissolution of marriage.
    I stay in same address from 2012 onwards.She lived with me here (Chicago ,Illinos)only.

    I got the forms from court.Will submit those forms in court.

    Question is How i can serve summons to her(which should be recognized by us court) ?
    Can i send summons through USPS registered post?
    Last edited by nraopati999; 07-05-2017, 01:08 AM.

  • #2
    Find out from your county court office if you need her permission to divorce. Some counties don't require the other party to agree.

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    • #3
      Serve Divorce summons to india

      Originally posted by Spiffer View Post
      Find out from your county court office if you need her permission to divorce. Some counties don't require the other party to agree.

      Thanks for your reply Spiffer.

      I went to court office,Got the necessary forms.
      When I asked clerk over there, she said serving summons is my responsibility.
      Not sure she heard clearly that we have been separated from 2013.

      Generally how can we serve summons if the spouse is in India.

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      • #4
        I don't know how it is done. A divorce lawyer will usually give the first consultation free.

        The only thing I can think of is by courier and the signature on the other end will proof delivery/acceptance of the summons. After this, if there's no response, you may need to file a motion of contempt.

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        • #5
          No, you have to follow the channels in Article 5 of the Hague Service Convention that India is signatory to

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          • #6
            Originally posted by inadmissible View Post
            No, you have to follow the channels in Article 5 of the Hague Service Convention that India is signatory to


            Can you provide more details on Article 5 of the Hague Service Convention .

            What is the process then I need to follow?

            Any recommendations in Chicago.

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            • #7
              Originally posted by inadmissible View Post
              No, you have to follow the channels in Article 5 of the Hague Service Convention that India is signatory to
              Are you saying that a citizen of another country who is a green card holder/other visa and residing in the US, cannot file for divorce in the US? (If that country is part of the Hague Convention) or;

              Are you directing the OP to the fact that his child may have been abducted according to the Hague Convention?

              I apologise if I am completely misreading your post.
              Last edited by NettieL; 07-07-2017, 04:01 PM.
              Not legal advice.

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              • #8
                No Nettie, I'm referring to the formalities a US litigant has to follow to serve process in India

                The proper name of the Hague Service Convention I was referring to is "the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters"

                Some signatories allow for alternative forms of service in addition to its central authority, but India mandates that all service goes through its central authority:
                The Ministry of Law and Justice
                Department of Legal Affairs
                Room No 439A, 4th Floor
                A-Wing, Shastri Bhawan,
                New Delhi-110001
                India
                https://travel.state.gov/content/tri...try/india.html

                It's a pretty awful procedure that takes like a year to get through their backlog, but it is what a US litigant has to do

                Most lawyers outsource the task of preparing a submission to the Ministry. A google search of "Service of process in India" bring ups quite a number of agencies who offer to help with the process. Ideally, work with an agency with a affiliated attorneys in India who can stay on top of the Ministry and perhaps "persuade" staff to speed things up

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                • #9
                  US Citizen need help, I am still in Conditional Marriage

                  Hi,

                  I am USA Citizen living in NY and I married my wife India in good faith. But She married me just to get entry in USA, she came to USA last year in 2016 which means we are still in conditional marriage. I want to divorce her because her family has threaten me when I went India after marriage. No physical abuse was done by me but physical abuse were done by her. Unfortunately I never did a police report, hoping she will stop. Now I do not live with her in the same apartment since Aug 20th 2017 but still paying her apartment rent, cellphone, cable, tv and house phone # and I do pay her money by check.

                  I have written proof of her on facebook that she will leave me once she gets the permanent status. In Aug she called various services like substance abuse, rape and domestic violence against me, the same day I was going to India to meet her parents to resolve the issue so that they can talk to thr daughter to stop physical abuse. I left the apartment by the time she called these services. Now she is playing the victim card to keep her status in USA. What are my option to divorce her and send her back because I do not want to live with her because of false allegations against me. She has already told me that I have to pay for her and she will take call my money and house in India.

                  I do not own a house or car but I do have Student debt over 30k under my name.

                  Is it possible for me to divorce her? Can I withdraw my Affidavit of Support? Should I let USCIS, US Embassy, ICE, Homeland Security about her intention? Where I can get a good Immigration/Divorce lawyer in NY? Please advice how to solve this problem. I want to deport her back to India.

                  thanks

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                  • #10
                    You can't deport her, but you can stop paying her expenses. Hire a divorce attorney and wash your hands clean of her

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                    • #11
                      Find out from your county court office if you need her permission to divorce. Some counties don't require the other party to agree.

                      Comment

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