WhatsApp ‘Double Tick’ Means Summons Delivered! Delhi Court Allows a Woman to Summon Her Husband via Messenger App

Mumbai, May 5: In a unique case, the Delhi Metropolitian court has allowed a woman to serve summons to her estranged husband in Australia through WhatsApp. The court also noted that the 'double tick' showed on WhatsApp means that the summons was delivered to the recipient. The court in March earlier had allowed the woman to summon her husband via WhatsApp, text messages and e-mail, after her counsel Debopriya Pal and Kunal Kumar told to the court that two previous attempts to serve summons to him failed, according to a news report in Live Law.

In consent with the court's direction, the woman petitioner also submitted an affidavit to the court stating that the mobile number and the e-mail address on which summons had been sent, belong to her estranged husband only. The Metropolitan Magistrate Surabhi Sharma Vats while perusal of the copy of the document filed on record stated, "Prima ­facie shows that the copy of the summons has been delivered on the mobile number of the respondent no.1(estranged husband)," quoted by the news report.

However, despite the summons been served, the respondent did not appear before the court. At this, the magistrate noted that the respondent is 'very well aware of his summoning in the present matter."

In March, Pal and Kumar had suggested to the magistrate that the summons can be served via WhatsApp etc since summons sent from past eight months being returned, as the man is not staying at the last known address in Delhi. Advocate Kumar also remarked that it takes over two weeks for summons to be served to anyone outside India and the Ministry had raised objections, as the summons sent to the man in Australia has changed his address, and therefore they are left with no other option but to request the court to allow him to summon through WhatsApp, SMS and e-mail.

In this case, the man had left for Australia in the year 2015 for pursuing further studies leaving behind the complainant, a homemaker, and their minor daughter, who was two years old then. The complainant continued to stay in their rented accommodation in Noida but soon joined her parents in Delhi after the husband stopped paying rent for the house. After a few months, he severed all contacts with the complainant and never reciprocated to her attempts to contact him. The complainant also learnt through sources that he(estranged husband) had visited India last year, but did not make any efforts to meet her or their daughter. Therefore, the woman then filed a case of domestic violence and also sought maintenance for their daughter and herself.

When the summons been sent from the court to the husband’s permanent address in East Delhi, the same was returned, as the property had been sold off to someone else.

(The above story first appeared on LatestLY on May 05, 2018 01:43 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).