Service Of Summons On Soldier Via Whatsapp Not Valid, Rajasthan High Court While Setting Aside Ex-Parte Maintenance Order
Rajasthan High Court held that service of summons to a person who was posted as a soldier, sailor or airman in the Armed Forces, upon WhatsApp number could not be treated as sufficient, in light of the mandate under Order 31 Rule 5 of the General Rules (Civil & Criminal) 2018 (“the Rules”) and Order V Rule 28, CPC.Order 31, Rule 5 of the Rules provides that the process to the...
Rajasthan High Court held that service of summons to a person who was posted as a soldier, sailor or airman in the Armed Forces, upon WhatsApp number could not be treated as sufficient, in light of the mandate under Order 31 Rule 5 of the General Rules (Civil & Criminal) 2018 (“the Rules”) and Order V Rule 28, CPC.
Order 31, Rule 5 of the Rules provides that the process to the soldier, sailor and airman was required to be sent to his Commanding Officer, and sufficient time had to be provided for making arrangements for relieving the concerned person.
Similarly, Order V, Rule 28, CPC provides that where the defendant was a soldier, sailor or airman, summons must be sent to his commanding officer.
“The Army, the Air Force and the Navy is collectively known as the Armed Forces which are highly organized and disciplined forces and are specially designed for carrying out battles, protecting the State from the threat of external forces and to conduct other special operations…Special procedures/processes have been made by the Legislature for service of summons upon the members of the Armed Forces…when a case is filed against them in their personal capacity.”
The bench of Justice Anoop Kumar Dhand was hearing a petition challenging an ex-parte order passed against the petitioner in an application for maintenance filed by his wife.
The petitioner was a sepoy, serving in the Indian Army. The Family Court sent summons to the petitioner on three occasions, which returned unserved. Thereafter, a WhatsApp message was sent. This was considered as sufficient and ex-parte proceedings were initiated against the petitioner, followed by the order.
After hearing the contentions, the Court perused the procedure prescribed under the aforementioned provisions, and opined that the exercise was required for granting sufficient time for making arrangements to relieve the person from operations of the Armed Forces.
The Court highlighted the certificate issued by the Commanding Officer of the petitioner as per which, at the relevant time, the petitioner was posted in the Battalion, in treacherous High Altitude Area.
In this background, the Court held, “Hence, under such circumstances, the service of summons upon the petitioner on his WhatsApp mobile number cannot be treated as sufficient in view of the mandate contained under Order 31 Rule 5 of the General Rules (Civil & Criminal), 2018 and under Order V Rule 28 CPC”.
It was observed that the petitioner was prevented of sufficient opportunity to make personal appearance before the court, and the Family court's failure to comply with the mandatory provisions resulted in gross violation of principles of natural justice.
Accordingly, the order was set aside, and the matter was remitted to the Family Court.
Title: Deevan Singh v State of Rajasthan & Anr.
Citation: 2025 LiveLaw (Raj) 351