The Rajasthan High Court Jaipur Bench on October 10, 2025 heard a revision petition filed by a soldier in the Indian Army who challenged an ex parte maintenance order passed by the Family Court, Karauli. Justice Anoop Kumar Dhand allowed the revision petition, holding that the Family Court had failed to comply with the mandatory procedural provisions governing service of summons to members of the Armed Forces.
The petitioner who served as a sepoy in the Indian Army was posted in a high-altitude operational area till September 2024 was never allegedly never served with summons for maintenance filed by his Wife. The Family Court, despite the failure of personal service, treated a WhatsApp message containing a screenshot of the summons as a sufficient service and proceeded to direct the petitioner to pay a sum of Rs. 12,000 per month as maintenance. The counsel for the petitioner contended that the Family Court’s order violated the mandatory requirements under Order 31 Rule 5 of the General Rules2018 and Order V Rule 28 CPC, which prescribes that summons to soldiers, sailors, or airmen must be served through their Commanding Officer with adequate time to make arrangements for their appearance. He also maintained that this legal safeguard was completely overlooked, denying him an opportunity to present his case.
The Court observed that sending summons via WhatsApp could not substitute for the prescribed method of service through the Commanding Officer, especially when the petitioner was deployed in an operational area. It noted that the impugned order was passed in violation of the principles of natural justice and that the petitioner had sufficient cause for non-appearance.Therefore the Court quashed the ex parte maintenance order and sent it back to the Family Court for fresh adjudication after affording both parties an opportunity of hearing. Furthermore, the Court also directed the Registrar General to circulate the judgment among all judicial officers and Family Courts across the State to ensure compliance with the prescribed procedure for service on military personnel.
Appearances:
For Petitioner(s): Mr. Rajendra Rathore, Mr. Ajay Poonia and Mr. Lokesh Dholpuria
For Respondent(s): Mr. Amit Punia, Addl.GA/PP Mr. Dhura Ram
