Failure to verify service of notice through electronic modes before proceeding ex-parte vitiates maintenance orders.

The parties were married on 14/06/2021 according to Islamic customs.

Following a dispute, the respondent (wife) left the matrimonial home and filed an application for maintenance under Section 125 of the Cr.P.C. on 25/11/2021, seeking Rs. 2,00,000 per month.

On 22/12/2021, after notice was returned unserved, the Family Court allowed service via WhatsApp, email, and RAD mode.

Despite the absence of a service report confirming successful electronic delivery or RAD acknowledgement, the Family Court declared the petitioner (husband) ex-parte on 08/03/2022 and subsequently ordered him to pay Rs. 10,000 monthly maintenance on 07/12/2023.

The petitioner challenged this order via criminal revision, alleging lack of notice.

Whether the Family Court properly ensured the service of notice upon the petitioner before proceeding ex-parte and passing the impugned order.

Section 19(4) of the Family Courts Act, 1984, which governs the revisional jurisdiction of the High Court over Family Court orders.

Revisional jurisdiction is supervisory, not appellate, and does not involve routine re-appreciation of evidence.

Principles of Natural Justice, which necessitate that a party be given a fair opportunity of hearing through proper service of notice before an adverse order is passed.

The Court observed that the trial court record lacked any conclusive evidence that the notices sent via WhatsApp or email were successfully executed.

There was no acknowledgement or confirmation regarding the RAD mode service on record.

The Court reasoned that proceeding to declare the petitioner ex-parte and passing a final order without verifying service constituted a 'grave material irregularity' and a 'manifest error'.

By acting in haste to conclude the proceedings without ascertaining the status of electronic service, the Family Court violated the fundamental principles of natural justice, rendering the impugned order patently illegal and procedurally deficient.

The Criminal Revision was allowed, and the order dated 07/12/2023 was set aside.

The matter was remanded to the Principal Judge, Family Court, Indore, for fresh consideration with directions to afford both parties an adequate opportunity of hearing; parties were directed to appear before the Family Court on 17/08/2026.