Metropolitan Magistrate (Mahila Court) Permits woman to serve summons to Husband through WhatsApp, SMS or E-mail

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Case:

Domestic violence and maintenance case filed under Section 125 of the Criminal Code of Procedure.

Judge:

Justice Surabhi Sharma Vats

Facts:

In 2015, the respondent left for Australia to pursue further studies and gradually severed all contact with his wife and daughter (who was two years old then) that lived in Noida. The complainant continued to stay in their rented accommodation in Noida but soon joined her parents in Delhi after the husband stopped paying rent for the house. After a few months, he severed all contacts with them.

The petitioner, therefore, had filed a domestic violence case against him. Advocate Kumar also shared that it takes over two weeks for summons to be served on anyone outside India and the Ministry had raised objections when the summons was sent for the man in Australia as he has changed his address there and therefore, they were left with no option but to request the court to allow service through WhatsApp, SMS, and e-mail.

With all attempts at serving summons having failed, Pal and Kumar requested the magistrate the prepone their case which was listed on May 16.

When the court took up the matter this month, it was informed that the complainant wishes to serve the summons on her husband. Read Here

Case Cited:

TATA SONS LIMITED & ORS vs. JOHN DOE(S) & ORS (Order Dated: 27.04.2017)

Order:

Appreciating the difficulty posed on this account, the Judge passed the following order,

“In view of the submissions made and considering the fact that respondent is residing in Australia and ordinary service shall take time. Petitioner is allowed to serve the summons upon the respondent no.1 through WhatsApp, text messages and e-mail.

Petitioner is directed to file an affidavit with regard to the submission/fact that E-mail Id, Mobile Number, etc. belong to the respondent no. 1 and that the service has been effected upon him only.”

Further Proceedings shall be heard on 11 April 2018.

Learning outcome:

If we see, then Technology has come to the rescue for the abandoned women and her little daughter. While Parliament is keen on enacting stringent laws for NRI Husbands, senior advocate Ms. India Jaising filing petition for promoting the application of technology, I think very soon big revolution shall be taking place in the Legal Industry. The law plays a huge role in all our lives, it impacts each and everyone. With the continuous changes in society, it becomes crucial for the judiciary to be able to keep its pace with rapidly changing technologies.

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