WhatsApp/Email Service Must Be Verified Before Passing Ex-Parte Maintenance Order: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that a Family Court cannot pass an ex-parte order without first ensuring that notice sent through electronic modes such as WhatsApp and email has actually been served. [2026 LiveLaw (MP) 295]
Holding that failure to verify electronic service violates the principles of natural justice, Justice Jai Kumar Pillai set aside an ex parte maintenance order.
"The failure to ascertain the status of the WhatsApp or email service strikes at the root of the principles of natural justice. Therefore, the impugned order suffers from patent illegality and procedural irregularity, warranting interference by this Court in its revisional jurisdiction to prevent a miscarriage of justice".
A criminal revision was filed challenging the Family Court order which directed the husband (revisionist) to pay monthly maintenance of ₹10,000 to the wife under Section 125 CrPC. The revisionist prayed that the proceedings were conducted ex parte without service of notice.
The High Court noted that the primary issue for consideration was whether the Family Court properly ensured the service of notice upon the petitioner before proceeding ex parte and passing the impugned order.
The court noted that in the application under Section 125 CrPC, the process fees were paid by the wife on the first hearing. Subsequently, notices were issued to the husband but were returned unserved since he was not home. Therefore, the court had allowed service through WhatsApp and Email and by RAD mode.
The court noted that the Family Court proceeded with the case without confirming the service report regarding electronic modes and declared the husband ex parte.
Remarking that the Family Court's action was a "grave irregularity", the Court allowed revision and remanded the matter back for fresh consideration.
Case Title: WK v AK, Cr.R. NO. 4141/2024
Citation: 2026 LiveLaw (MP) 295
For Revisionist: Advocate Anshul Hardia
For Respondent: Advocate Rohan Malviya