Service of summons to Armed Forces members must follow mandated procedures; WhatsApp notifications do not suffice for ex-parte judgments.

Order

Reportable

1. A summon is a Court order or formal communication to command an individual/rival party to appear in the Court and to answer the claims of other side initiated against him. Order 5 of Code of Civil Procedure (for short, ‘CPC’) and Order 31 of the General Rules (Civil & Criminal) 2018 deals with the procedure and process of service of summons on the oppose party.

According to the Black’s Law Dictionary, summon means to command (a person) by service of a summon, to appear in the Court. The purpose of issuing a summon is to inform him and give him a fair opportunity to represent his side. This practice is based on the principle of natural justice which is provided under the maxim ‘audi alteram partem’ which means to hear both the parties.

2. 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. It is highly maintained and authorized by the respective sovereign State, with its members having a separate military uniform. Special procedures/processes have been made by the Legislature for service of summons upon the members of the Armed Forces, i.e., Sailors, Soldiers and Airmen for their appearance before the Court of law as and when a case is filed against them in their personal capacity.

3. The instant revision petition has been preferred against the impugned order dated 07.06.2024 passed by the Family Court, Karauli, by which the application submitted by the respondent No.2 under Section 125 Cr.P.C. has been allowed ex-parte and a direction has been issued to the petitioner to pay a maintenance of Rs.12,000/- per month, to the respondent No.2.

4. Learned counsel for the petitioner submits that the petitioner is a Sepoy and is serving in the Indian Army. At the relevant time, he was posted in the Operational Exigencies Treacherous High Altitude area till September, 2024. Counsel submits that an application under Section 125 Cr.P.C. was submitted by the respondent No.2 against the petitioner before the Family Court, wherein notices were issued, but the same were never served upon the petitioner, hence, the notice was sent on the WhatsApp mobile number of the petitioner bearing No.97973XXXXX. Counsel submits that a copy of the screenshot of the WhatsApp message was produced on the record and that was treated as sufficient service for passing the ex-parte order against the petitioner and accordingly, the order impugned has been passed. Counsel submits that as per the provisions contained under Order 31 Rule 5 of the General Rules (Civil & Criminal), 2018, the process to the Soldier, Sailor and Airman is required to be sent for service to his Commanding Officer together with a copy, which is required to be retained by the person concerned. Counsel submits that as per the mandatory provisions contained under the aforesaid Rule 5 of Order 31, sufficient time shall be given for making arrangements for relieving the concerned person, but in the instant case, the aforesaid process/procedure was not followed and only on the basis of a WhatsApp message, the service upon the petitioner was treated as complete. Counsel submits that the petitioner could not get sufficient opportunity to make his appearance before the Family Court and in that eventuality, the