Lawfully yours: By Retd Justice K Chandru

In the case of Indians residing in their home country, courts accept ‘registered post with acknowledgement’ as proof of delivery (of divorce papers). For residents abroad, there is no facility for acknowledgement of delivery. So, if I request the hon’ble court to send the papers via FedEx/DHL courier service — which has delivery confirmation — will the court agree to it? Or, will the court send it via Speed Post or Registered Post, which has a tracking facility only? Or, will the court grant permission to the petitioner to send the notice and produce the proof before it? If the petitioner sends the papers via email and shows proof that the respondent has read the email, will it suffice? In a nutshell, how can we make sure that the respondent (abroad) has received the notice in such a way that the court accepts it as proof? 

— Name withheld on request 

It depends on the mode of service ordered by the court concerned. There are also various stages in the mode of service. No hard and fast rule in these matters; depends upon the court and the local rules framed in this regard. If you are asking for a divorce on bilateral understanding, then if a lawyer files his vakalat on his behalf and takes notice, it will be treated as sufficient service. 

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns