Have divorce law changed if one partner is citizen of another country?


Have Divorce rules changed in case my husband is a UK citizen and summons have to be sent to him via the embassy? We got married in 2012. My husband is a UK citizen. In December 2013 I filed a divorce case from Punjab. The case is still going on and the dates are getting extended.

The date given was in April but the lawyer said that the rules have changed. Now, the Embassy will send summons and we will have to wait for 3 months. Is this correct that rules have changed and we have to wait for 3 months?

Answers (1)


350 votes

UK and India, both are members of Hague Service Convention which is a multilateral treaty dealing with international service of process. It provides that one of the procedure for service of summons is “Letters Rogatory”, otherwise known as a letter of request. 

In some countries, the papers must be served to a central government authority or an overseas agent, who will then guarantee delivery of the divorce papers to your spouse. So, the procedure adopted by the Court is in line with the Convention, whereby the Court has issued summons and the same shall be served via the Embassy. Now, there is no fixed time period within which the Embassy shall serve the summons. Therefore, we cannot guide you to that aspect.

The other option available to you is to engage some agency or a lawyer in UK who gets the process of serving summon to the Respondent through duly authorized registered summon processor who not only submits the proper complete report of the service but even gives a proper notarized affidavit along with his report of the complete service of the summon sent by the Indian court. 

This report, along with the affidavit, is sent to you to be placed in the court record of your case. 

The Family Court may even require a substitute service of notice to the Respondent through local newspaper publication, that you have to get processed and will also have to pay the cost for the same to the court. 

  

Kindly contact us for any further details and action.


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