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Hello all, I got married in India with USA citizen (Green card holder). We lived for 3 months in i
04-Dec-2023 (In Divorce Law)
Hello all, I got married in India with USA citizen (Green card holder). We lived for 3 months in india and she applied I131 VISA for me. Once she reached USA, she withdrawn the application and filed a divorce case in Dallas county court. USA court emailed me the notice and asked me to appear on behalf of th court during the hearing date. I don't have VISA to go to USA and I replied to the court with proper explanation. Inspite, of that court gave the annulment for her in the US court and she got the annulment. Whereas I filed the suite in Indian court along with the annulment document which I got from USA. Here judge asking me some acknowledge of the Indian divorce notice. Already notice had been sent from the court but no acknowledge regarding that notice. So he asked to take us a private courier or postal service. My question is which is the best option to send the legal notice from India to USA and what if that person is not there in specified address. I need these answers thanks.
Such cases are on the rise. You can seek permission from the court for private notice via courier like DHL, FEDEX, etc. And e-mail and whatsapp notice is also recognised nowadays. You can seek permission from the court to send notice through all these modes. It would be enough if the respondent takes notice via either of the above modes.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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With reference to your Law Rato query on perusal of the fact Of your case mentioned herein. If the Indian court given a direction to issue a private notice you have to send with the postal or courier with that acknowledgement stamped card and if you feel that person is not residing at the delivery location you can ask for the court to issue a substitute service of Paper Publication so once you got a permission from the respective judge. Based on the you can issue a paper publication and it should be published in the newspapers at USA and same is to be circulated in the USA with the copy of the Same has to be submitted before the Indian court showing the proof of evidence that Paper Publication has been completed effectively based on that the court will take forward to proceed the case accordance with law .hope I clarify the legal position accordingly
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Adv. Mohamed Ashick
Chennai | 50+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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