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<br>The personal process service done by professional process servers in India does not involve the Centraal Authority. This mode of service is quite useful in some cases as it is much faster than Hague Convention Service. You can send us the documents to be delivered upon the respondent by post or through email. The process server will visit the address of the respondent at a time when he/she is likely to be present there. T
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Welcome to Alen Syre Blogs Elite Process Servers are the most professional, reliable and affordable personal process servers in India. We do all over Asia and Europe. We have physical offices in New Delhi, India and London, United Kingdom. We are the best process servers for Serving Divorce Papers in India, Subpoena Serving in India, Serving Complaints in India and Serving Legal Documents in India. Our process servers are well experienced and are spread all across India so as to provide you efficient service. We understand the importance and sensitivity of the legal matters and make efforts to provide best of our services. It is pertinent to mention that the legal process service in India is done under the able guidance of a renowned lawyer who has been handling wide range of legal matters for about 40 years. We serve all types of legal documents including but not limited to those mentioned below: • Process Service of Divorce Papers in India. • Process Service of documents related to other Matrimonial Disputes. • Process Service of Subpoena/Summons issued by foreign courts. • Process Service of Complaint/Petition/Writ filed in foreign courts. • Process Service of documents pertaining to family matters such as Child Custody. • such as insolvency, bankruptcy etc. Process Service of other Judicial and Extra-Judicial documents in Civil and Commercial Matters The type of legal process service in India that we offer can be categorized in the following two classes. • documents have to be served lives/works at the known address. The process server approaches the party, explain him/her about the purpose of visit and then serve the documents on the party. At the time of service of process, the process server also tries to obtain the acknowledgment of receipt of documents from the party. However, in some cases, the parties refuse to provide written acknowledgement. Normal Process Service – This is type of process service in which the person on whom the In some cases, the documents have to be served to a member of family of the party. This can be due to various reasons. This is called Substituted Service and is acceptable in most jurisdictions. • known address, our process server make enquiries from the people living at such address or in the neighborhood. If the current address of the party is revealed and falls within the same city, the service of process is done at that address. However, if the current address of the party is in some other city, a reasonable additional fee will be payable. Skip Trace – If the person on whom the documents have to be served does not live/work at the
If the process server is unable to extract the current address of the party through enquiries we can use advance skills to locate the party. Once the address of party is found, the documents will be served on him/her. Hague Service Convention As India is a signatory to the Hague Service Convention, the service of process in India should be done in accordance with its provisions. The convention allows various modes of international process service but most of them are optional and the member countries have the right to disallow said modes within their territory. Article 10 of the convention allows service of documents by means of postal channel but India has opposed it and thus international service of process in India cannot be done by post. The only means of serving the documents is through the Central Authority which is Department of Legal Affairs. It takes quite a long time for the Central Authority in India to serve the documents and send the Certificate of Service. The personal process servers do not have any direct role in Hague Convention Service. However, we can facilitate you in expediting the process by contacting the concerned authorities and tracking the documents. The personal process service done by professional process servers in India does not involve the Centraal Authority. This mode of service is quite useful in some cases as it is much faster than Hague Convention Service. You can send us the documents to be delivered upon the respondent by post or through email. The process server will visit the address of the respondent at a time when he/she is likely to be present there. The contents of the document will be explained to the respondent and the documents will be handed over to him/her. If the respondent is a business entity, the documents will be delivered at its registered address to a person authorized to accept the documents. Elite Process Servers is a unit of Singh Risk Management Services (OPC) Private Limited which provides a wide range of risk management and investigation services. For detailed information, please visit our websites mentioned below: Service of Process or Process Service is to make sure that any person who is required to be given a copy of an application to the Court or any other legal document is given it in a manner and under the time prescribed by law. The court will start the proceeding when it is satisfied that the documents have duly been served on all the concerned parties. This is so because all the parties should be given a reasonable time and opportunity to appear before the court in person or through their representative and present their case. If the service of process is to be done within the same state or country, local laws are applicable but if the documents need to be served in other country, international rules of process service apply. We are based in India and deal in international process service of judicial and extrajudicial documents in India. Whether you want to serve summons to a party based in India or you are looking for a process server to serve divorce papers to your spouse living in India, we are there to assist you. Personal service of process is effected by explaining the contents of the documents and leaving a copy with the respondent or defendant. If the party refuses to accept the documents and all the efforts to convince him fail, the server can put them down in his presence stating what they are. If the party is a business entity, service of document is effected by personally serving the document at the registered
address of the entity. The document should be handed over to a principal officer of the corporation or to a person authorized to accept the documents on behalf of the entity. The name, designation and contact number of the person to whom the documents are delivered should be obtained. The documents can be served on the party at his or her residence, workplace or anywhere else but in a lawful manner. We are professional process servers and can serve the legal papers anywhere in India. We have nationwide network of process servers who are well trained and experienced. Our process server will visit the given address of the respondent when he is likely to be present there. We try to our best to serve the documents upon the respondent at the time of first visit. If the respondent is not present there at the time of visit, the process server will make enquiries from the family members or neighbours to find out the time when respondent is usually present at home. A subsequent visit will then be made at appropriate time and documents will be served on the respondent. The process server will meet the respondent and hand over the documents to him after explaining what they are. If the respondent does not accept the documents, the server will put the documents on the ground in his presence and inform him that those are legal papers. This constitutes a valid service of process. Even if the party destroys the documents or throws them away, the service will be deemed to be done. In some cases, it is not practically possible to serve the documents personally on the respondent and in such cases the same are handed over to a person of suitable age and discretion who lives with the respondent in the same house. This is called Substituted Service and is accepted as a proper means of process service in most of the jurisdictions. The service of process in India can be done by your relative or friend who is of age 18 or more. Being a party to the case, you yourself should not approach the opposite party for serving the documents. However, it is always better to avail the services of a professional process server who are trained to deal with parties under different circumstances. After the documents are served, the process server will provide a proof of service in the form of affidavit stating the details of the person to whom the documents were served along with the time and place of service. We are the most professional, reliable and affordable personal process servers in India. The service of documents is done under the guidance of an experienced lawyer. Our team of qualified and experienced process servers is very effective in smooth service of documents. They are capable of handling problematic situations such as resistance of the party, aggressive behavior of family members etc. They take care that the service of process is done without offending anyone. We also make efforts to take written acknowledgement of the party and in most of the cases we are able to get the same. We will ask you the time and day when the party is likely to be present at the provided address and our process server will visit the premises of party at the time suggested by you. This is done to ensure that the service of documents can be done in the first visit itself. In some cases, the person to whom the documents need to be served is not available at the time of visit. In such circumstances, the process
server will make enquiries from the family members or neighbors to find out the probable time when the party will be back. A second visit is made and the documents are delivered to the party. There is no additional charge if the second visit is done the same day or the following day. However, if the party is out of town and is not expected to come back on the day of visit or the following day, a second visit will be made on the time suggested by you and an additional charge will be made to cover the expenses. Alternatively, the documents can be handed over to one of the family members of the party, if instructed by you. This is called Substituted Service. If the family members or neighbors provide the address of workplace of the party and address is of the same area, the process service will be done at such address. After the process service is done, the process server will provide you an affidavit stating the details of the person to whom the documents were served along with the time and place of service. We understand the importance and sensitivity of legal matters and thus take utmost care while doing process service of legal papers. The service is done under the supervision of legal practitioner. The process server who is deputed the task of serving the documents is briefed before he proceeds to the address of the defendant or respondent. We have a strong network of process servers based in different parts of India. India is a multi-cultural country and different languages are spoken in different parts of the country. We prefer to use the process server of the same region, wherever possible, so that he can communicate with the defendant/respondent in the local language. In case the party on whom the documents need to be served has relocated to another address, it is easier for such process server to obtain the current address of the party through enquiries from the neighbors. We serve almost all types of legal papers such as subpoena, summons, petition, complaint, divorce papers etc. The service of process can be done on individuals as well as companies. Our services are quicker, quality is better and fee is reasonable as compared to other process servers providing service in India. We believe in satisfying our clients and ensure that the task provided to us is carried out in a smooth manner. Each party to a legal matter has the right to get the copies of all the relevant documents so that he/she can take appropriate action. If you have filed for divorce, it is your legal obligation to serve the copy of divorce papers upon your spouse and satisfy the court that the same have duly been served. The copy of the petition has to be served upon your spouse to intimate him or her about the action initiated before the court. The copy of the petition informs the party about the facts of the case and the reason(s) for divorce in detail along with other necessary information. The process service of divorce papers is generally difficult as the parties try to avoid the service of documents. The situation becomes complex when your spouse lives in some other country because international rules of process service are applicable in such cases. India is a signatory to The Hague Convention and thus international process services in India are done as per the rules of the convention which take quite a long time. However, if your spouse is permanently based in India or is unlikely to appear before the foreign court, you can hire a personal process server in India for serving the divorce papers on your spouse. This mode of service is much faster and is commonly used in divorce matters. We are considered as the best agency for serving divorce papers in India.
The matrimonial matters generally involve emotions of the parties and their family members and thus we use our mature and experienced process servers who are capable of handling problematic situations such as resistance of the party, aggressive behavior of family members etc. Our process servers have a proven track record of serving the divorce papers to the party even in the most difficult situations. We treat each case individually and use customized strategy to ensure that divorce papers are served successfully. The address of the respondent will be visited at a time when he or she is likely to be present there. The process service of divorce papers can be done at the residence or work place of the respondent. The process server will meet the respondent and explain him/her about the contents of the documents and then hand over the documents to him/her. In case your spouse is uncooperative and is not ready to accept the divorce papers, the documents will be left on the ground in front of him or her, stating what they are. This constitutes a valid service of process. Alternatively, the documents are handed over to a person (generally family member) of suitable age and discretion who lives with your spouse in the same house. This is called Substituted Service and is accepted in most jurisdictions. The details of the person to whom the documents will be delivered will be obtained. A Certificate of Service in the form of notarized affidavit will then be prepared by the concerned process server and sent to you by post. All the necessary details such as time, place and manner of service will be mentioned in the affidavit. The subpoena is issued in matters pending before the courts whereby a person or entity is directed to appear before the court at a specified time. The party to whom the subpoena is issued is required to testify before the court or to produce documents or other tangible objects in a legal proceeding. With a strong network of process servers in India, we assure you a quality service for: • Process Service of Subpoena to Appear and Testify at a Hearing or Trial in a Criminal Case • Process Service of Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action • Process Service of Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case • Process Service of Subpoena to Testify at a Deposition in a Criminal Case or Civil Action • Process Service of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Criminal Case or Civil Action or Bankruptcy Case We can serve summons issued by a foreign court in a civil or criminal case to a party living or based in India. The service of process can be done anywhere in India by our trained and experienced process servers. Where the defendant or respondent is an individual, the summons is served by delivering a copy to him or her personally. In case it is not possible to do so, we will inform you and will seek further instructions. One of the options is that our process server can hand over the summons to a person of suitable age and discretion who lives with defendant or respondent in the same house. This is called Substituted Service and is accepted as a proper means of process service in most of the jurisdictions. Singh Process Servers India is based in capital city Delhi and is the most reliable and cost effective agency for process service in India. We can facilitate you in serving the legal documents by any one or both the following methods, as advised by your attorney:
India is a signatory to i.e. Hague Convention and thus the service of legal documents in India should be done in accordance with the procedure prescribed by the Convention. Each contracting stated shall designate a Central Authority which will entertain requests for service of judicial or extrajudicial documents coming from other Contracting States. India has designated Department of Legal Affairs (Ministry of Law and Justice) as the Central Authority for the provisions of the Convention. The Central Authority or judicial officer competent under the law of the State in which the documents originate can forward a request along with the copy of documents to be served, to the Central Authority of India. The Convention mentions various methods of serving the documents and at the same time it has empowered the contracting states to opt out of said methods. India has opposed Article 8 which allows a Contracting State to effect service of judicial documents upon persons abroad, directly through its diplomatic or consular agents. Thus, the service of process in India by such means is not allowed unless the documents are to be served upon a national of the State in which the documents originate. India has also opposed the method of service provided in Article 10 of the Convention which means that the process service of legal documents in India cannot be effected by postal channels or through judicial officers, officials or other competent persons. This leaves only one option for serving legal documents in India, through the Central Agency. The Hague Convention does not specify a time frame for service but service of process in India generally takes more than six months and about a year in some cases. However, the convention has also provided relief to litigants in cases where the service of process is delayed beyond a specific period. Article 15 of the Convention states that if the document was transmitted by one of the methods provided for in this Convention and no certificate of service or delivery has been received from the Central Agency in a period of six months, the court may give judgment if it considers that a reasonable time has elapsed. However, the respective countries have to authorize their courts to do so. Thus, if process service in India cannot be effected within a reasonable period, you can plead to the court for relief. We have a team of lawyers who can facilitate you by accelerating the process of serving the documents by doing follow up with the concerned officials. This way, you will not have to wait for an uncertain period. Your attorney should fill in the Request Form and send it along with the requisite documents to the Central Agency of India through post. You can then share the details with us and we will ensure that the documents are served at the earliest and that the Certificate of Service is dispatched without delay. If your attorney advises, you can also get the documents served by personal process service in India. There are several instances where service of process done under this method is quite useful as it saves a lot of time and money. In some cases, our clients choose to initiate the process service under Hague Convention and also get the documents served personally on the defendant through us. This method of service may be useful in cases where you do not intend to enforce the court order in India. Further, it may also be useful in cases where no certificate of service or delivery has been received from the Central Agency in six months. You can submit the affidavit of service and request the court to issue the judgment without waiting response from the Central Agency. Our strong network of process servers is spread across the country which enables us to provide efficient services to the clients. As our process servers are based in different parts of India, we save a considerable cost of travel and pass on the benefit to our clients by providing our services at a reasonable fee. We make all the efforts to ensure that the services provided by us are flawless and the service of process is done as soon as possible. Once the service is done, we take no time in sending you Affidavit of Service which you can use as proof of service of documents to the defendant or respondent. There are various reasons why you would like to choose our services and some important ones are mentioned below: Legal Team – We have in-house team of lawyers who can facilitate in getting the documents served on a timely basis. They are well conversant with international and domestic laws governing process service in India. If you have opted for method of process service under the Hague Convention, they can ensure that the service is done efficiently. Professionalism – The process service in India is done by our trained and experienced process servers under the guidance of legal professionals. The process server is properly briefed before he leaves for serving the documents. If there is any
information that you believe can help the process server while serving the documents, we will share such information with the concerned process server. Efficiency – As you would be aware that almost all the states of India have different cultures and speak different languages, a process server who is best in one region might not be that efficient in other regions. We have the advantage of having network in all the states and depute the process server who can easily communicate with the party and his/her family members. This becomes important in cases where party shows resistance in accepting the documents. It is easier for person who can communicate in local language to convince the party to accept the papers. Cost Efficiency – We believe that we are the first and only agency in India to provide personal process service at flat rate, irrespective of the location. As have already been mentioned, our network is spread all across India and thus we are not bothered to know the location and then providing a customized quote. It also saves your time which you will waste asking for quotations and then choosing the best one. If you are new to litigation, you would be having various questions and doubts in your mind. We have tried to cover some main questions that are generally asked by our clients. You may go through our We charge flat rates for service of process throughout India. This is because we have strong network of process servers and legal professionals all over the country and thus we do not have to bother about location. The rates are mentioned below: The service of judicial or extrajudicial documents done in accordance with the provisions of Hague Convention is the proper method of process service in India. This becomes more important when enforcement of court order is desired in India. However, this method of service involves government machinery and it takes quite a long time for the process to complete. You then will have to wait for certificate of service or delivery so that court proceedings can be started. We have a team of lawyers who can facilitate you by accelerating the process of serving the documents and save your time. After your attorney has filled in the Request Form and send it along with relevant documents to the Central Agency of India through post, you can share the details with us. Our team will ensure that the documents are served at the earliest and that the Certificate of Service is dispatched without delay. In 2006, India became a signatory to Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters i.e. Hague Convention. Thus, the service of judicial and extrajudicial documents in India should be done in accordance with the procedure prescribed by the Convention. The Hague Convention does not apply if the summons or documents to be served are related to a criminal matter. This Convention also does not apply when the address of the person to be served with the document is not known. India is opposed to the methods of service provided in Article 10 of the Convention which allows the service of documents by postal channels or through the judicial officers, officials or other competent persons of the State of destination. The documents should be served in India through the Central Agency of the country which is Department of Legal Affairs, The Ministry of Law and Justice. The service of documents through the Central Agency generally takes more than six months and more than a year in some cases. According to Article 15 of The Hague Convention, if the document was transmitted by one of the methods provided for in the Convention and six months have elapsed but no certificate of service or delivery has been received from the Central Agency, the court may give judgment if it considers that a reasonable time has elapsed. However, the respective countries have to authorize their courts to do so. On the advice of your attorney, you can get the documents served by personal process service in India which is comparatively less time consuming. There are several instances where personal process service is quite useful as compared to Hague Convention Service, such as when you do not intend to enforce the court order in India. You can also choose to initiate process service in India under Hague Convention and at the same time get the documents served personally on the defendant through us. It can be very useful in cases where no certificate of service or delivery has been received from the Central Agency even after a period of six months. You can submit the affidavit of service provided by us as a proof of process service in India and
request the court to issue the judgment without further waiting response from the Central Agency. We serve all types of legal documents including Summons, Subpoena, Divorce Papers, Complaints, Writs and other judicial and extrajudicial documents. The main services provided by us are mentioned below: If your spouse is in India and you have filed for divorce in a country other than India, you are required by law to serve a copy of divorce petition on him or her in India and we can do this for you. All you need to give us is the soft copy of the petition through email along with address of your spouse and if possible his or her photograph as well. We will print a copy of the documents and which can be served on the party at residential address or at work place. We will ask you the best time to approach the party so that the process service of documents can be done in the first attempt itself. We are the best agency for process service in India. In some cases, the parties deliberately left the country where the divorce petition is filed in order to avoid service of documents. This is generally done to delay the proceedings so as to cause you mental harassment. If your partner is in India, we can serve the divorce papers upon him/her. We will formulate an effective strategy to meet the party and serve papers on him/her. You need to know that if the party refuses to accept the documents the same can be left on the ground in front of him/her and the service will be deemed to be done. We would also like to mention here that even if the party takes the documents in hand and then destroys them, it will not affect the validity of service. After serving the documents, the process server will prepare a notarized affidavit of service which will be posted to you and can be used as a proof of process service in India. It may happen that the party resides at the address given by you but is temporarily not available. In such cases, the petition can be served on some other member of his/her family who is of suitable age and lives at the same address. The details of the person will be obtained by the process server and will be mentioned in the affidavit of service. This way of serving the documents is called Substituted Service and is acceptable in most jurisdictions. However, we will take your consent before handing over the documents to a person other than your spouse. After the service of documents, an affidavit of service will be provided by the process server mentioning the time, place and manner of process service. The courts have the power to summon a party involved in or related to a civil or criminal matter and instruct such party to appear before the court on a specified date. The party can be an individual or a corporation. If the party on whom the documents need to be served is an individual, the documents will be served directly on the party. If the party is a corporation, the documents will be served at its registered address and should be handed over to the person who is authorized by the corporation to receive the documents on its behalf. The name, designation and contact number of the person to whom the documents are delivered will be specified in the affidavit of service. The courts can issue subpoena to a person or entity and instruct them to appear before the court at a specified time. A subpoena can be issued for following reasons: Subpoena to Appear and Testify at a Hearing or Trial in a Criminal Case Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action Subpoena to Testify at a Deposition in a Criminal Case or Civil Action We can serve all types of judicial and extrajudicial documents such as copy of complaint, petition etc. to the defendant or respondent anywhere in India. The documents will be served efficiently as we have nationwide network of process servers. In case of individual the documents will be served on the person and in case of Corporation the documents will be served at its registered address. After the service of documents, an affidavit of service containing all the relevant details will be sent to you by post. If you are aware that the defendant or respondent lives in India but you do not have the complete address, we can help you in finding the address of the party in India. The documents will be served at the address where party currently resides or works. In some cases, the visit at the address of the party reveals that he or she has relocated elsewhere. Our process server will make efforts to extract the current address of the party through inquiries from neighbors. If the address is obtained and belongs to
the same area, service of documents is done at such address. It may happen that the party has moved to another city or state and nobody has the address of the party. In such cases, we will discuss with you the options available and the action required. We are the best personal process servers in India and have nationwide presence. Our office is located in the capital city Delhi and our network of process servers in spread all across India. We have also opened an office in UK for the convenience of our clients. We do process service of legal documents all over India and have formed a separate firm named Singh Process Servers India which looks after this line of business. The said firm is managed by a team of legal professionals who ensure that the quality of service and documentation is high. Singh Process Servers India is the most professional, reliable and affordable personal process server in India. We are the best process servers for Serving Divorce Papers in India, Subpoena Serving in India, Serving Complaints in India and Serving Legal Documents in India. Our process servers are well experienced and are spread all across India so as to provide you efficient service. We understand the importance and sensitivity of the legal matters and make efforts to provide best of our services. The process service in India can be done either in accordance with the provisions of the Hague Convention or through personal process servers like us. H a gue Se r vice C onvention I ndia As India is one of the signatories to Hague Convention, the process service in India should be done under the provisions of the convention. The Hague convention allows various modes of serving the documents but India has specifically opposed such modes and thus service in India can not be done by postal channels or through diplomatic or consular agents. The only mode of serving the documents in India is through the Central Agency which is Department of Legal Affairs. This process is quite slow and takes around six months if everything goes well. Your attorney should send the request form and copy of documents to be served to the Central Agency of India. If all the things are in order, the Central Agency will initiate the process of serving the documents. Once the attempt to serve the documents has been made, the Certificate of Service will be prepared if the respondent accepts the documents. The time in taken in process service and preparation of Certificate of Service is generally quite long and can take six to eight months. If you want to expedite the process, you can share the details with us after sending the documents, and we will coordinate with the concerned officials to ensure that the documents are served efficiently and that the certificate of service or delivery is sent to your attorney asap. It is important to mention here that if you have opted the mode of Hague Convention and six months have elapsed but the Central Agency has not sent you the certificate of service or delivery and your efforts to obtain the status of service have also remained futile, you can approach the Court with request to give judgement without waiting anymore. You can plead that a reasonable time has elapsed and that the documents have been served on the party through personal process service. Article 15 of the convention empowers the Courts to give judgement under the aforesaid circumstances. Further, the court may also order any provisional or protective measures at any time in the matters of urgency. P e rs ona l P r oc ess Se rvi c e The mode of personal process service in India through a personal process server is the best mode of serving the legal documents under some circumstances. It is particularly useful when you do not intend to enforce a judgement in India. This mode of process service is much quicker and effective as compared to process service under Hague Convention. We will serve the documents upon the respondent who is presently living or based in India and thereafter prepare and send to you an Affidavit of Service stating the relevant facts. We can serve the documents upon the individuals as well as business entities. You can contact us for service of summons, subpoena, divorce papers, petition etc. in any part of India.
As has already been mentioned, our network of process servers is spread all across India which enables us to serve the documents in an efficient manner. Further, the knowledge of local area and local language act as competitive edge for our servers. Though we try to serve the documents at the time of first visit, we may have to revisit there after a day or two for various reasons. We will visit the address of the respondent at the time when he is likely to be present there. After explaining the contents of the documents, the same are handed over to the respondent. In case he refuses to accept the documents, they are left on the ground in front of him stating what they are. This constitutes a valid service of documents. There may be a situation where it is not possible to hand over the documents personally to the respondent. In such cases, we will discuss with you and if you agree the documents will be served upon a person of competent age who lives at the same address. The details of the person and his/her relationship with the respondent will be obtained. This is called substituted service and is acceptable in most jurisdictions. For more information and details on the process of serving documents in India, visit the website of Singh Process Servers India. The answers to some frequently asked questions are provided below. What is the Hague Service Convention? It is an international treaty which was initially adopted by several nations in 1965. A number of other countries have adopted the treaty since then. The objective of the convention is to improve the organization of mutual judicial assistance by simplifying and expediting the procedure of service of judicial and extrajudicial documents between the countries. What are the options available for international process service of legal papers in India? India is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters and implemented its provisions with effect from August 1, 2007. Accordingly, the service of documents in India should be done in accordance with the provisions of the Hague Convention, taking into account the declaration or special conditions mentioned by India in while signing the Hague Convention. As mentioned on the website of Ministry of External Affairs, the following declarations were made by India while 1. Documents for service must 2. Documents cannot 3. Documents must be served in 4. Documents under the Hague Convention cannot be served directly to the defendants in India by private judicial officer. What is a Central Agency and what is its role? signing be the Convention: language. in English be India served via proper mail. indirectly via authority. The convention requires each Contracting State to designate a Central Authority which will undertake to receive requests for service coming from other Contracting States. India has designated the Ministry of Law and Justice, Department of Legal Affairs as its Central Authority for the purpose of convention. Can I send legal papers to the Central Authority for service in India?
The authority or judicial officer competent under the law of the State in which the documents originate shall forward the request along with copy of the documents which need to be served. When is the Hague Convention applicable for service of documents in India? The 1. If you have filed the case in a country which is also a signatory to The Hague Convention, the provisions of the convention come 2. As is evident from the name of the convention, it is applicable in Civil and Commercial matters. Thus, the convention is not applicable 3. The Convention shall not apply where the address of the person to be served with the document is not known. following points should be noted in this regard: into force. in Criminal matters. How long does it take for service of documents in India? The service of documents in India through the Central Authority takes quite a long time, usually more than five months. In some cases it can take up to 8-10 months. Do I have to wait for uncertain period of time for getting my documents served? The Convention has given a relief in matters where the documents are not delivered even after waiting for a long time. The Court may give judgment if all the following conditions are fulfilled - a) the document was transmitted by one of the methods provided for in this Convention, b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities Further, the judge may order, in case of urgency, any provisional or protective measures transmission of the document, of the State addressed. . Can I take help of an Indian Process Server agency for serving legal papers in India? It depends on the nature and circumstances of your case. India being a signatory to the Hague Convention, the service of documents should ideally be done in accordance with the provisions of the convention. If the service is done by some other method, the judgement might not be enforceable in India. However, if you do not intend to enforce the judgement in India, the option of hiring a process server agency is quite useful as it will save your time and money. How long does it take for a process server agency in India to serve the documents? The process service is usually done within a period of 3-4 days if the address of the respondent is complete and correct.
What evidence is provided by the process server agency? Is that admissible in court? After serving the documents, the process server will sworn an Affidavit of Service and get it notarized by Public Notary. The details such as time, place and manner of service will be mentioned in the affidavit. It is acceptable by most of the courts. However, you should consult your attorney or court clerk. My spouse lives in India. What mode should I choose for service of divorce papers in India? You 1. 2. 3. By both the above mentioned modes of process service. It seems a bit strange but this option provides efficiency, safety and peace of mind. You need to discuss with your lawyer about it. have the following Hague Personal three options to serve Convention Process divorce papers in India: Service Service Can I serve summons or judicial documents to respondent in India by post? India has specifically has opposed Article 10 of the Convention which permits service of summons or judicial documents by postal channels. Thus, the documents cannot be served by post. Service of Process India Service of Process India provides best process service of legal documents such as subpoena, summons, divorce papers, complaints, petitions etc. in India. We have process servers all over India who can deliver your documents without any unnecessary delay. We do service of process in India efficiently and in a cost effective manner. The interests of our clients are of utmost importance to us and we provide them best of our services. The documentation is done in a professional manner with accuracy. You will appreciate that Service of Process India understands and complies with the laws of relevant jurisdiction related to international process service of legal documents. Thus, we will serve the documents in compliance with the rules followed by the foreign court before which the matter has been filed. At the same time, we take care that the local laws of India are not violated. We emphasize on service of documents in an effective and lawful manner. We will serve the documents upon the party at the address given by you. It could be a residential address or a workplace address. We can serve the documents upon an individual or a business entity. In case of individuals, the documents are served directly
to the defendant or respondent. In some cases, defendants may refuse to accept the documents and in such cases the documents are left on the ground in presence of the defendant and he/she is informed what they are. Where the documents are to be served upon a business enterprise, the documents are handed over to the owner, director or person authorized to accept the documents on behalf of the entity. When the documents are served upon the defendant, we will provide you a duly notarized Affidavit of Service which can be presented by you before the court as proof of service. The affidavit mentions the details of the process server and states the time, place and manner of serving the documents. It is admissible before the court as a proof of service of documents on the defendant. The affidavit will be sent to you by post as soon as it is ready. Personal Process Service in India The personal process service in India is done by private process server agencies like us. This is the most frequently used method and is useful in cases where the defendant is not likely to appear before the court to contest the case. We are best Indian process servers for serving all the types of legal documents to the defendant, living or working in any part of India. After we receive the documents to be served, we understand the matter and depute the process server who is best suitable for the job taking into consideration all the relevant facts. This enables us to maintain an absolute success rate. Hague Service Convention India You might be aware that India is one of the signatories to the Hague Convention and thus the provisions of the convention apply to Service of process in India if the country in which you have filed the case is also a signatory to the Hague Convention. This method of service is very time consuming as compared to personal service of process of legal documents. The private process servers in India or abroad do not have any direct role in serving of process done through Hague Convention method. However, in some cases we can help you in expediting the process of serving the documents. Service of Process India It is a professional Indian process server company having the strongest and widely spread team of process servers. India is a land of diverse cultures, languages and
climatic conditions. This fact is mentioned here so that you can understand that a process server who is best in his own region might fail to deliver even average service in another region. We have at least one process server in each state and thus we ensure you a prompt and effective service. Our team is not only experienced, it also has the skills to serve the documents in adverse situations. Needless to say, most of the matters in which service of process is required are personal matters and it is not just anybody’s task to convince the parties to accept the documents. We analyze each matter separately and decide how to approach the party. We don’t mind sending a team of process servers in special cases and we do this to enhance and maintain the quality of service provided by us. It gives us immense pleasure when our clients appreciate our quality services. We have served individual litigants as well as law firms and equal importance to is given to all our clients. The documentation is done in a precise manner and under supervision as we do not want our clients to face difficulties due to trivial technical issues. As we all know, it is very important for us to satisfy the court that all the necessary steps have been taken. The court, if is is satisfied, will not hesitate to give you the relief sought. You should remember that all your efforts and money spent in the litigation are on stake and thus you should hire a professional agency like us. We offer quality service at reasonable fee and assure you best of our services. Service of Divorce Papers in India Service of Process India holds strong experience of serving divorce papers in India. We have local resources in all the parts of India which helps us to complete the assignments in 3-4 working days. Before proceeding for process service, we clearly explain the instructions of our clients to the concerned process server. Further, we depute the process server with desired skill set and experience in serving divorce papers. The respondents and their family members generally show resistance in accepting the papers. We have also faced cases where they have become violent. In some cases, the respondents leave the country where the litigation is pending just to avoid the service and delay the process of law and in such cases it becomes quite hard to serve the papers on them. However, the experience of our process servers has enable them to deal with such situations and they have maintained an almost 100 percent success rate. If you have filed for divorce in the courts of USA, Canada, UK, Australia, New Zealand etc. and your spouse lives in the same country, you can choose from various modes of service depending on the jurisdiction. However, if your spouse has moved to any other country then you have to be careful while choosing a mode of serving of divorce papers.
In the matters of divorce, the litigants mostly choose for personal process service which is quite fast as compared to Hague Service Convention which takes quite a long time.