Serving Divorce Papers in India

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.
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