Is whatsapp a legally accepted medium to send summons

620 votes

You can file an application to take paper publication, where the summons is issued through newspaper and it will be sufficient service or you can take attachment of summons in the door of the house of that person.whats up and email summons can be issued but as they come under electronic document it will hard to prove as you have to comply with section 65b of evidence act and an expert may be required to prove that he actually received and read the summons, so better go through newspaper or attachment on door options.

Advocate Bharat Narasgouda LawRato

570 votes

The Court in the case while allowing Petitioner’s plea stated that as the Petitioner was residing in Australia and ordinary service shall take time, the Petitioner is allowed to serve summons upon the Respondent no. 1 through WhatsApp, text messages and e-mail. Petitioner is directed to file an affidavit with regard to the submission/ fact that e-mail ID, mobile number etc. belongs to Respondent no. 1 and the service has been effected upon him only. As per reports, the case pertained to domestic violence.

This is not the first instance that a Court has allowed service of summons through technological means. In May last year, the Delhi High Court in the case Tata Sons Limited & ors. v. John Doe(s) & ors. had permitted the Plaintiff to serve summons upon the Defendant by text message or WhatsApp or e-mail and to file affidavit of service.

Advocate Mohan Kumar H G LawRato

524 votes

The notice can be issued to the other side though the court can issue through the whtatsapp is allso valid as per the latest decisions of the Honorable High court and Honorable Supreme Court .The other option is paper publication through the daily news paper you can take steps by paper publication

Advocate Shashiraj LawRato

866 votes

Respected

Notice through special messenger is not provided under Law. Notice by Registered Post, notice by Affixture and notice by way of Paper Publication is specified under the Act.

When the notice is not served you can go by paper publication or affix .

Normally the procedure says, affixture to be done where the opposite person last resided
And you can also take paper publication in the place where he is residing.

After this court will presume the notice "held sufficient"

No there mode of notice is permissible under the Code.

Advocate M Lakshmikanth Arya LawRato

717 votes

Hello,
Yes you can serve court summons through electronic mode like email, whatsapp. The courts have considered the service of summons through whatsapp as valid. so the option available for you is to serve notice through to him through email or even whatsapp.

Advocate Roopashree R. A. LawRato