Double Tick is prima facie proof of delivery of Summons via Whatsapp, Delhi Court

It is common knowledge that a double tick stamp on a WhatsApp message denotes that the message has been delivered. Now this standard has court sanction as well, after a Delhi Court recently accepted the “double tick” would prima facie show that a summons served through WhatsApp has been duly delivered..Last February, the court had allowed the wife in a domestic violence/maintenance case to serve summons upon her estranged husband through WhatsApp, text and/or e-mail. This was allowed after the presiding judge, MM Surabhi Sharma Vats appreciated the petitioner’s submission that an ordinary service of summons may take time, given that her husband resides abroad..Accordingly, the wife had served summons through such electronic means. However, the husband failed to respond to such summons as well. Following the Court’s direction, an affidavit was also presented by the wife before the Court intimating that such summons was served to the mobile number and e-mail ID of the husband..Further, it was also pointed out that the husband had earlier appeared in another related matter before the Court. Therefore, it was noted that the husband was very well aware about his summoning in the present matter..As for the instant summons, the Court held,.“Perusal of copy of documents which are filed on record reveals “Double Tick” on the printout of the Whatsapp messages, which prima facie shows that the copy of the summons has been delivered to the mobile number of the respondent no.1. However, none has appeared on behalf of the respondent no. 1.”.All the same, the Court did not pass any adverse orders “in the larger interests of justice.” Having made this observation however, the Court posted the case for further hearing in May..Advocates Debopriya Pal and Kunal Kumar appeared for the petitioner-wife in this matter..Last year, a Senior Civil Judge in Rohini Court accepted a “blue double tick” as proof of receipt of notice served through WhatsApp in a civil case..Image sourced from here..Read Order below: