International Process Service in India
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.
Hague Service Convention India
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.
Personal Process Service
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 www.processserviceinindia.com 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 signing the Convention:
1. Documents for service must be in English language.
2. Documents cannot be served via mail.
3. Documents must be served in India indirectly via proper authority.
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?
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 following points should be noted in this regard:
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 into force.
2. As is evident from the name of the convention, it is applicable in Civil and Commercial matters. Thus, the convention is not applicable in Criminal matters.
3. The Convention shall not apply where the address of the person to be served with the document is not known.
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 transmission of the document,
c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.
Further, the judge may order, in case of urgency, any provisional or protective measures
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 have the following three options to serve divorce papers in India:
1. Hague Convention Service
2. Personal Process Service
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.
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.