Case Update (15 May 2023): Anumandla v. Kondapalli; Article 15 of Service Convention permitted trial court to grant divorce

May 18

Husband filed for divorce in the local Ohio courts. The divorce filing and summons was sent to Wife in India via registered mail on June 25, 2021. On September 13, 2021, the Wife filed a document captioned "Complaint for Divorce" where she admits she received the summons, but that everything her Husband put into his pleading was false. On October 13, 2021, the trial court continued its pretrial hearing so that service could be perfected pursuant to the Hague Service Convention. On November 12, 2021, the paperwork was sent to the Indian Central Authority. On May 24, 2022, (six months later), the Husband filed a pleading with the Court and sought an order for service by publication verifying that the summons was sent to the Indian Central Authority, and showing attempts to solicit a response from the them in February, March, and April 2022. A previously scheduled pretrial hearing was held on June 6, 2022, the Wife did not appear, and the court heard testimony of Husband and his witness. On June 15, 2022, pursuant to local rules, the court then concluded that the "requirements of the Hague Convention were sufficiently satisfied to permit it to render judgment." It granted the Husband's divorce and made the requisite findings of spousal support and division of property, sending a copy of the decree by registered mail to Wife that very day. On July 14, 2022, the Wife filed a notice of appeal. One of her arguments was that service was not complete pursuant to the Hague Service Convention. Her argument appeared to be "based upon a conclusion that the Hague Convention requires the service be completed prior to issuing a judgment." The court, however, cited to Article 15 of the Convention, and concluded that the conditions in it were fulfilled (particularly the passage of six months) and the trial court could enter judgment. [As an aside, the appellate court also stated that it didn't even need to examine the Hague Service Convention, because the Wife actually waived this issue on appeal]

For more blogging on international judicial assistance issues, please check out Aaron Lukken's Hague Law Blog and Ted Folkman's Letters Blogatory.

Melissa Kucinski

Melissa Kucinski works with family lawyers to strategically resolve their clients’ complex international cases. A fellow of the AAML, the IAFL, and chair of international family law committees in the American Bar and New York State Bar Associations, Melissa is a respected colleague to have on any legal team. A former consultant for the Hague Conference on Private International Law, member of the Uniform Law Commission’s Joint Editorial Board on Uniform Family Laws, and member of the U.S. Secretary of State’s Advisory Committee on Private International Law, Melissa maintains a robust network to help her clients in international disputes.

https://mkfamily.law/