Serving a divorce notice in Bangalore, India, is complicated due to multiple divorce laws linked to different religions, according to Divorce Law and Procedure. There also are specific rules for processing notices from foreign courts in countries that are signatories to the Hague Convention, notes Madaan and Company.Continue Reading
In India, most private process servers for foreign divorces operate under rules established by the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters, explains Madaan and Company. In a mutual consent case, filing paperwork and obtaining the divorce may take more than six months, reports Divorce Law and Procedure.
For most cases filed originally in U.S. courts, the serving of documents must comply with the Hague Convention rules, although some plaintiffs also choose an additional, faster private service, notes Madaan and Company. As of 2015, a private divorce notice takes about one month to serve in India. Under Hague Convention rules, the document must be in English, cannot be served via mail, must be served indirectly under the proper authority and cannot be served directly to a defendant in India using a private judicial officer.
If judgment from a U.S. court stands in an Indian court, service using Hague Convention rules are mandatory, according to Madaan and Company.Learn more about Law