Formal Service of Process or Documents in India from the Courts of Foreign Countries who are signatory to the Hague Convention:

Formal Service of Process or Documents in India from the Courts of Foreign Countries who are signatory to the Hague Convention:

India is now a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters.  Therefore, the formal method for service in India with effect from August 1, 2007 is pursuant to the Hague Convention and declaration or special conditions mentioned by India in while signing the Hague Convention.

The declarations to the Hague Service Convention made by India include the following conditions:

• Documents for service must be written in the English language. This is a good news for USA litigants who do not have to bear the costs of translation.
• Documents can not be served via mail.
• Documents must be served indirectly via the Central Authority in India.
• Documents can not be served directly to the defendants in India by private judicial officer (i.e., a solicitor or private process server).

In addition all the requirements of the Hague Convention must be met while serving the documents, summons / subpoena in all Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.

Advantage: Enforceable judgment; no delays; lesser costs.

Disadvantage: None.

Where required: Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.

Informal Service in India:

Private process servers may serve documents in most countries, whether a signatory to the Hague Service Convention, or not. Service is normally handled in a manner similar to methods used in the United States, although completion of the service usually takes slightly longer. Service normally takes less than a month. Typical service takes less than one month. This method of service is not provided for by the laws of India and may not result in an enforceable judgment in India. Service of process via this methods meets USA rules only.

Disadvantage: Judgment may not be enforceable in the country where assets are located.

Letter Rogatory:

A letter rogatory, also known as a "letter of request", is a request from a court in the United States to a court in a foreign country requesting international judicial assistance in effecting service of process.

This method is time consuming, cumbersome, and should be used only when other options are not available. The use of this method is not recommended by the U.S. State Department given the habitual time delays from one to two 2 years in the execution of requests. Fees for this method of service are generally higher than other methods.

Advantage: It creates a case in the country where the documents are served and makes judgment enforceable.

Disadvantage: Time delays and higher costs.