SidChiBharg (Software) 06 May 2013

Is email a valid form of serving summons ?

Hi All,

I had a very strong inclination that my estranged wife would file an appeal against the order of the Hon'ble Family Court in the section 13 HMA divorce case which she had filed on me. The Hon'ble Family Court had given an Order of Judicial separation instead of Divorce. So I kept an eye on the HC website in order to see that my estranged wife has filed some appeal in HC or not.

About a week back I was just searching by name of my estranged wife and came to know that she has filed an appeal in HC against the order of Family Court. Though the summons of the court have not yet reached me I am keeping an eye on the proceedings of the case which she has filed in HC.

Lately there was no listing of date on the HC website but today I found that the case has been listed for this week. The matter is in front of Double Bench (DB).

My Queries:

==========

1) Can the case be listed without serving of summons to me? What would happen on the date? Can the HC list the date without satisfying itself that the summons have been served to the other party? Can the appeal be decided one sided? Can the Hon'ble Judge give a one sided decision? Can the appeal be decided ex-parte?

2) I am sure that her lawyers would be sending the scanned copy of the petition and summons through email to me. She did this last time as well and her lawyer showed to the court that the summons has been delivered to me through email and the Hon'ble Judge readily agreed to it without giving me any chance to counter that. I fear that this time also her lawyer would send me a scanned copy of the petition and summons to my email address and try to show to the Hon'ble Judge that we are deliberately trying to avoid the summons and that the summons have been served to me through email. Also can summons be sent through email where petitioner and respondent are residing in the same country? e.g. petitioner is in Rajasthan - Jaipur and respondent is in Delhi.

Please do help me decide as to what should be my next steps?

Thanks and Regards,

Sid

Reply Follow

4 Replies

(Guest)

@Querist,

1.You should have filed a caveat after the order came to the next higher court.Now you have to keep an eye on the progress made as the lawyer of the other party may not let you know the right and correct position of the running case.

2.Summon can't be sent by e-mail.It must be in writing on paper.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

ragz hyder (PM) 07 May 2013

Email is not valid even in USA...

SidChiBharg (Software) 07 May 2013

Originally posted by : newS_Know!!!
	@Querist, 1.You should have filed a caveat after the order came to the next higher court.Now you have to keep an eye on the progress made as the lawyer of the other party may not let you know the right and correct position of the running case. 2.Summon can't be sent by e-mail.It must be in writing on paper. Note-This reply should be taken as per the declaration given in my profile page. Thanks, Regards,

Hi,

1. As already mentioned by me I got to know that my estraned wife has filed an appeal in the HC after I just typed her name in HC website. I am continously keeping a close watch on the proceedings of the case every day through the HC webiste. Next date is for admission of the case and only after that the summons would be issued. I have not yet received summons from the court. I am just being proactive and keep a close watch on the proceedings of the case through the HC webiste. Can I file a caveat even now?

2. But I have heard that issuing of summons by email is valid as per CPC. Her lawyer had used this tactics (issuing of summons through email) previously as well and he showed to the Hon'ble Judge that the summons had been served to me through email and the Judge readily agreed with his contentions before I could counter that with my arguments. So fearing that he would do the same now as well.

Thanks and Regards,

Sid.

(Guest)

@Querist,

Reply Query-wise

1.No

2.The code of civil procedure only describes the word 'in any other manner' and says further 'or the court may prescribe' or with the permission of the court.The code has not explicitly mentioned the word 'email'.Therefore,if the court allows to serve summon through any other means,it deemed to be valid.

You also have modified your query number1 version.

Anyway................

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,