Service of Summons, especially in matter of Domestic Violence cases, has been a difficult task when the Respondent is residing abroad. The delivery of summons in such cases is primarily time consuming and secondly there is unexpected failure in delivering of the summons. However, the District and Sessions Court, Karkardooma, Delhi granted permission to issue summons to the Respondent via Whatsapp and Email on account of previous failures in deliverance by ordinary service.
Relying upon the 2017 Order of the Delhi High Court in Tata Sons Limited & Ors Vs John Does, the Counsel for the Petitioner, Debopriyo Pal and Kunal Kumar stated that the Respondent, being residing in Australia since 2015, has neither made any attempt to meet the Petitioner and their daughter nor has made any communications with the Petitioner. Further, the Respondent has not been receiving the summons by ordinary service as he has apparently changed his address. Considering the fact that the Petitioner has a young daughter to look after and the non-delivery of summons by ordinary means, Justice Surabhi Sharma Vats granted the service of summons via Whatsapp, Text-Messages and Email on a sworn affidavit that the email ID and the Mobile Number belonged to the Respondent and that the service has been affected upon him only.
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