Court can serve summons, notice through WhatsApp, email: HC

Saurabh Malik

Tribune News Service

Chandigarh, August 26

An order that will change the way summons — integral to the judicial processes — are served to the respondents in court cases, the Punjab and Haryana High Court has allowed e-service through email and instant messaging service WhatsApp.

The only condition prescribed by the High Court is the furnishing of an affidavit that the email and the WhatsApp numbers are correct and that the email has not bounced back. A screenshot showing e-service of the summons has also been prescribed.

Furnishing affidavit must

The condition prescribed by the High Court is the furnishing of an affidavit that the email and the WhatsApp numbers are correct and that the email has not bounced back. A screenshot showing e-service of the summons has also been prescribed

The direction by Justice Jaishree Thakur came on a petition filed against by a woman against her spouse through counsel Harsh Chopra. Appearing before Justice Thakur’s Bench through videoconferencing, Chopra submitted that he was making a limited prayer for the issuance of directions to “effect service upon the respondents by email and WhatsApp in terms of the directions issued by the Supreme Court of India in suo motu writ petition (C) No.3/ 2020”.

Referring to the reasons stated in the application, Justice Thakur asserted the applicant-petitioner was permitted to serve both the respondents as per the details mentioned in the application.

Before parting with the case, Justice Thakur directed the issuance of fresh e-summons to both the respondents for October 4 — the date already fixed in the main petition. Chopra, in the application, had expressed apprehensions on the wife’s behalf that the respondents were deliberately evading service of summons/notice. He had also expressed apprehension that they had started disposing of the properties with the intention to flee from the country to a foreign land.

The Supreme Court in July last year had agreed in principle that serving notices and summons on persons through instant messaging services such as WhatsApp and Telegram, in addition to emails, would be legally valid.

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