In a significant ruling with wide implications for serving military personnel, the Rajasthan High Court at Jaipur has quashed an ex-parte maintenance order issued against an Indian Army sepoy after finding that summons served via WhatsApp did not meet legal standards. The order, delivered by Justice Anoop Kumar Dhand on October 10, 2025, underscores that members of the Armed Forces must be served through their Commanding Officer as required by law.
Background
The case arose from a revision petition filed by Deevan Singh, a sepoy posted in a treacherous high-altitude operational area until September 2024. His wife, Vikesh, had approached the Family Court in Karauli seeking monthly maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.).
The Family Court, after finding that summons sent to Singh were unacknowledged, allowed service through WhatsApp and, when there was no response, passed an ex-parte order directing him to pay ₹12,000 per month in maintenance. Singh later challenged the order before the High Court, arguing that he had never been properly notified and was engaged in operational duties that prevented him from appearing in court.
His counsel - Mr. Rajendra Rathore, Mr. Ajay Poonia, and Mr. Lokesh Dholpuria - contended that the Family Court had ignored mandatory procedural rules regarding service of summons to soldiers and relied solely on a WhatsApp screenshot to assume service.
Court's Observations
Justice Dhand began the judgment with a brief explanation of what a summons means in law - "a formal order commanding a person to appear before court and answer claims made against him." He referred to Order 31 of the General Rules (Civil & Criminal) 2018 and Order V Rule 28 of the Civil Procedure Code (CPC), both of which specifically prescribe how summons must be served on members of the Armed Forces.
According to these rules, the process must be sent to the concerned individual’s Commanding Officer, along with a copy retained by the serviceman. The rationale, the court said, is to give enough time for arrangements to be made to relieve the person from duty so he may attend court proceedings.
The bench observed, "Service of summons upon a soldier through WhatsApp cannot be treated as sufficient. The legislature has mandated a distinct and formal process recognizing the operational duties of armed personnel," Justice Dhand wrote.
The court noted that the Family Court had failed to comply with these mandatory provisions. Singh had been stationed in an active operational zone, as confirmed by a certificate issued by his Commanding Officer, stating he was involved in high-altitude operations until September 2024. Despite this, the Family Court had issued an ex-parte order on June 7, 2024 — a period when he could not have possibly been relieved.
Decision
Justice Dhand ruled that the ex-parte maintenance order was passed in gross violation of the principles of natural justice, emphasizing that the petitioner was denied a fair chance to present his side. The court declared the order unsustainable in law and quashed it.
"The petitioner was prevented by sufficient cause from appearing before the Family Court," the judgment noted. "The Family Court has failed to comply with mandatory provisions and proceeded in violation of natural justice."
The matter was remitted back to the Family Court at Karauli for fresh adjudication after giving both parties an opportunity to be heard. Justice Dhand directed that the case be disposed of within four months of receiving the certified copy of the order.
Before concluding, the judge also directed the Registrar General of the Rajasthan High Court to circulate the order among all judicial officers, including those posted in Family Courts, to ensure compliance with the law concerning service of summons on armed forces personnel.
Case Title: Deevan Singh vs. State of Rajasthan & Anr.
Case Number: S.B. Criminal Revision Petition No. 104/2025
Date of Judgment: 10th October 2025
