July 7, 2015

If required, the Courts can allow service of summons through email, SMS, Facebook, Twitter or Social Media? #Knowhow

The procedural laws are changing very fast.

Before any Case can be started, the Court has to serve summons of case on accused or respondent.

These summons are often returned as accused may have left, gone abroad, or may have gone underground. Or he may be just playing hard and seek with Court.

Courts have evolved various procedures to deal with  such cases..

All procedures are not discussed here, but I have discussed only few points.

Points

1) Service of summons by Email is now well known.

2) Service by Facebook. Recently, in one foreign case, a wife had filed divorce case. The husband was not  receiving summons. The Court allowed Wife to serve summons on husband through Facebook Post.

3) If Facebook is allowed, Twitter, SMS, LinkedIn other media can also be allowed if court is satisfied about identity of receipent of such message.

4) The initiative has to be taken by creative lawyers. They have to apply to court with necessary details of social media accounts of respondents on whom summons are to be served.

5) Remember. All procedures are only handmaids of Justice. The judges can evolve new procedures with changes in time.

(C) Haresh Raichura
07/07/2015