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RAJ MOHAN SINGH
Shilpa Khanna Sahi – Appellant
Versus
Raja Sahi – Respondent
Key Points: - The petitioner sought to serve the respondent in the USA through electronic mail and WhatsApp after ordinary and dasti service failed. (!) - The court held that, under Order 5 Rule 25 CPC and High Court Rules and Orders, Electronic Mail Service is a valid mode of service for a defendant residing outside India when criteria are met and requisite details are furnished. [23000740800003][23000740800004][23000740800005] - Per High Court Rules and Orders Volume IV Chapter 7-B, Rule 1(iii), electronic service is recognized for USA, including appointing a local lawyer as agent and possible Indian Consular Officer involvement. [23000740800005] - The petitioner had attempted service via an Advocate in America, with multiple attempts recorded on specific dates, demonstrating efforts to effect service. [23000740800006] (!) (!) (!) (!) - The court found it appropriate to accept the prayer for service upon the respondent by Electronic Mail Service using the provided email addresses trueblue00001@yahoo.com and raja.sahi@pixelogicmedia.com. [23000740800010] - The order directed the trial court to effectuate the service by Electronic Mail Service. [23000740800011] - The respondent resides abroad (USA) and could not be served by ordinary or dasti process. [23000740800001] - The decision notes that no notice can be issued before deciding the service issue. [23000740800009] - The judgment disposition was to dispose of the case by allowing Electronic Mail Service. [Final decision in summary text]
JUDGMENT
Raj Mohan Singh, J. - Petitioner has challenged the order dated 04.04.2019 passed by Principal Judge, Family Court, Panchkula vide which the prayer to serve the respondent through e-mail, whatsapp mechanism was dismissed.
2. Respondent is living abroad i.e. in U.S.A. He could not be served by means of ordinary and dasti process.
3. Petitioner seeks to serve the respondent on his email address i.e. trueblue00001@yahoo.com and raja.sahi@pixelogicmedia.com.
4. According to Order 5 Rule 25 CPC, where the defendant resides outside India and has no agent in India empowered to accept service, the summon shall be addressed to the defendant at the place where he is residing. Service can be effected by post or by such courier service as may be approved by the High Court by fax message or by Electronic Mail Service or by any other means as may be provided by the rules made by the High Court.
5. As per High Court Rules and Orders i.e. Volume IV, Chapter 7-B, service of process to the other party can also be effected through electronic means where the party has furnished the requisite details.
6. Perusal of the aforesaid High Court Rule i.e. Volume IV Chapter 7-B, Rule 1 (iii) shows tha
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