Service
Sushil Wattal
(Querist) 21 July 2015
This query is : Resolved
i have filed a case regarding section 125 Cr.P.C. the respondent is serving in indian army. court has issued the summon through Reg. post in the name of Commandant of that Unit where respondent is serving . i have not received Reg. AD back , but online status of Registered post is showing delivered. My query is that whether Service to the commandant incharge is valid service if i have not revived Reg. AD back
any authority on this point plz suggest
Regards,
M/s. Y-not legal services
(Expert) 22 July 2015
hi sushil.,
as per the terms for notice of service, serving summons to other's hand will not be considered as proper service.
what is the prove that the respondent is working at that unit only?
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
Sudhir Kumar, Advocate
(Expert) 22 July 2015
Service of Note of Servicing soldier through Commanding Officer is a valid service. But not if the respondent is civilian in Army.
For claiming maintenance from serving soldier, one does not have to move to court.
Rajendra K Goyal
(Expert) 22 July 2015
If AD not received, take printout of the online status showing delivery of the notice.
For military personal service to commandant is considered valid.
P. Venu
(Expert) 22 July 2015
Prima facie, you are the advocate for the party seeking maintenance.
Please go through the Army Act. It contains provision for getting maintenance through the Commanding Officer.
As such, the proceedings U/s 125 CrPC was unnecessary.
T. Kalaiselvan, Advocate
(Expert) 25 July 2015
Procuring maintenance to the wife of serving soldier is a easy as anything easiest in the universe. The case was not at all necessary, anyway the service to the commandant would be sufficient service of summons.
