Legal notice in foreign country Legal notice in foreign country

1 year ago

Please let me know if a family court notice can be served by an email if the person is residing outside india in bahrain from india.

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
Yes, but such email must be approved one and should be admitted by the Court as genuine one. Once it is delivered and seen by the other side then Court has ample powers to place the other party as ex-parte and proceed against him.
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Anik

Responded 1 year ago

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A.Dear Client,
yes, but If you want to provide proof that a valid notice was sent, an email will not meet the criteria for official notice. If proof of adequate notice is necessary, you will need to have proof that the email was sent and the recipient read the email. If the recipient has admitted to receiving the email, or if he or she responded to it, this may serve as an official notice, but not in all circumstances. If you and the person have agreed that notification by email will be proof of notice, then you will need to have the agreement in writing.

There is no law that states certified mail will serve as proof of notice in receiving legal documents. Likewise, it is never a good idea to send legal documents by electronic means. There are too many events and instances that can prevent email from reaching the recipient, such as spam filters and bouncing. If the email is deleted, there would be no proof of notice.
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