Rajasthan High Court Quashes Ex-Parte Order Against Soldier Due to Improper Summons Delivery
WhatsApp Service of Summons Deemed Insufficient; Compliance with Military Protocols Mandated
In a significant ruling, the Rajasthan High Court at its Jaipur Bench, presided over by Justice Anoop Kumar Dhand, set aside an ex-parte order against Deevan Singh, a soldier serving in the Indian Army. The order, originally issued by the Family Court in Karauli, directed Singh to pay Rs.12,000 per month in maintenance to his estranged spouse under Section 125 of the Criminal Procedure Code (Cr.P.C.). The High Court found that the service of summons via WhatsApp did not comply with mandatory legal provisions, thereby violating principles of natural justice.
The court's decision highlights the importance of adhering to specified protocols for serving summons to military personnel. Both Order V Rule 28 of the Code of Civil Procedure (CPC) and Order 31 Rule 5 of the General Rules (Civil & Criminal), 2018 mandate that summons to soldiers, sailors, or airmen must be routed through their Commanding Officer. This procedure ensures that military personnel receive adequate notice and opportunity to participate in legal proceedings, taking into account their operational commitments.
Justice Dhand's ruling emphasized that the Family Court failed to provide a reasonable opportunity for Singh to be heard, as the summons were improperly served through WhatsApp while he was posted in a high-altitude operational area. This oversight resulted in an ex-parte decision that was deemed unsustainable under the law.
The judgment underscores the critical role of compliance with statutory procedures to safeguard the rights of individuals, especially those serving in the armed forces. By remitting the case back to the Family Court for fresh consideration, the High Court has reinforced the necessity for adherence to legal norms and the principles of natural justice.
The High Court has directed the Family Court to expedite the proceedings and arrive at a fresh decision within four months, ensuring due process is followed. Additionally, the Registrar (General) has been tasked with circulating this order among all judicial officers in the state to prevent recurrence of such procedural lapses.
Bottom Line:
Service of summons upon a soldier, sailor, or airman through WhatsApp is not valid and does not comply with the mandatory provisions of Order 31 Rule 5 of the General Rules (Civil & Criminal), 2018, and Order 5Rule 28 of the Code of Civil Procedure (CPC) - Summons must be served through the Commanding Officer to ensure compliance with legal provisions and principles of natural justice.
Statutory provision(s): Order 5 Rule 28 CPC, Order 31 Rule 5 of the General Rules (Civil & Criminal), 2018, Section 125 Cr.P.C.
Deevan Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2794852
