I am not licensed to practice in India, so I cannot speak to the laws there - but if you were sued in a different state in the United States, you would want an attorney who is licensed in the state where you are being sued. I would guess that the same logic applies in India.
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Call the Indian Counselate and ask them, but logically I think you could
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship
As the others have noted, I am not a Lawyer in India but if the legal system there is anything like the legal system here then you need your own lawyer and that lawyer should practice in the jurisdiction in which the case has been filed. If your family has named you as a defendant then whatever lawyer they have hired is not on your side. I would consult with someone immediately if I were you. Good luck.
Jeffrey K. Traylor
Multnomah Legal LLC
Portland Divorce Lawyer
You are likely a Plaintiff not a Defendant unless your family is suing you. If you are actually a Defendant, it does not seem you have been served process. If you are a Plaintiff and do not want to be one, send a registered letter to the attorney demanding that you be dismissed as a plaintiff. Once you hire an attorney in India you will become part of something it sounds like you do not want to be involved in.
This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr. Jonathan Levy, PhD calls or emails usually returned within 24 hours.
If you are named a defendant in lawsuit in India and have been properly served, you can and certainly should hire an Indian advocate (lawyer). Our firm handles litigation in India through our Of Counsel in New Delhi. I would be happy to make a referral if you need to find an Indian advocate in another city. It sounds, however, that you have not been properly served. If that is the case, you would have your Indian advocate investigate whether the court thinks you have been served, but should NOT appear in court on your behalf. In a similar matter on behalf of one of our clients, our Of Counsel warned us that his appearing in Indian court would cause the client to waive any claim deriving from lack of notice. This is a similar result as in the US. Sometimes Indian plaintiffs spend months or years trying to serve process on an international defendant.
Your question says that you have been named a defendant. However, as Mr. Levy wisely suggests, the information that you provided makes it sound as if you are named as a plaintiff. If indeed you are a plaintiff and not a defendant, you should follow his advice regarding getting dismissed as a plaintiff. After you have done so, it would also be wise to check with the appropriate court that you have indeed been dismissed.
Feel free to email me to discuss this in detail.
I am providing a general answer rather than specific advice based on Indian law because I am not admitted to practice law in India. Nothing in this post should be construed as legal advice or as creating an attorney-client relationship. Do not rely on the opinions expressed in this post without discussing them with your attorney. Legal advice must be tailored to unique circumstances and this post is for general purposes only.
The legal system in India is based on the common law tradition. It is similar to the UK and in some respect to the US. Some information is missing here: when you say 'I found out by accident of this' I wish to know how you have been informed. It may be possible that under Indian law the fact that you have obtained information about this lawsuit is a proper way to serve process. In addition, from your words ('they are not communicating with me'), it seems also a family dispute. If this is the case, you need to hire an attorney in India. You do not want to risk a default judgment in case you are a named defendant. Notwithstanding the international convention on serving process, any means can be acceptable for a court - even in India - provided that you have sufficient information about the lawsuit and the venue. I concur with Mr. Levy and Ms. Desh. I would take their advice and hire an attorney as soon as possible. Best.
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