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1. Service of Summons under the DV Act
   The DV Act itself does not provide a specific procedure for service outside India. Section 28(1) of the Act states that all proceedings under Sections 12, 18, 19, 20, 21, 22, and 23 “shall be governed by the provisions of the Code of Criminal Procedure, 1973 (CrPC).” Therefore, the service of summons must conform to the CrPC, particularly Sections 61–65 and the rules prescribed under Section 105 regarding international cooperation.
2. Application of CrPC Sections 61–64
   Under Sections 61–64 CrPC, summons are to be served personally on the accused or by leaving them with an adult male family member. However, these provisions presuppose the respondent’s presence within India. For service outside India, courts resort to Section 105 CrPC and the Mutual Legal Assistance Treaties (MLATs) or diplomatic channels through the Ministry of Home Affairs (MHA) and Ministry of External Affairs (MEA).
3. Section 13, CPC and Order V Rule 26
   Though the CrPC governs procedure, courts sometimes refer to analogous provisions in the Code of Civil Procedure, 1908 (CPC), particularly Order V Rule 26, which governs service of summons in foreign territory through diplomatic channels or Indian embassies.

1. NRI Respondents and Service through Diplomatic Channels
   In Preeti v. State of NCT of Delhi, the Delhi High Court held that where the respondent resides abroad, a summons under the DV Act can be transmitted through the MEA under Section 105 CrPC. The Court emphasized that personal service is essential and that ex parte proceedings cannot be initiated without proof of such service.
   Similarly, in Saritha v. R. Ramachandra, the Karnataka High Court quashed an ex parte protection order, observing that a husband working in Dubai had not been validly served since the process server had delivered summons to a relative in India without authorisation.
2. Service via Electronic Means
   Several courts have adapted to modern realities by permitting electronic service. In Vineeta Maheshwari v. State of U.P., 2019 SCC OnLine All 1125, the Allahabad High Court directed that where the respondent resides abroad and physical service is difficult, summons may also be served through email, WhatsApp, or other electronic means, provided there is an acknowledgement or digital receipt.
   This flexibility aligns with the Supreme Court’s observation in In Re: Guidelines for Court Functioning Through Video Conferencing, (2020) 19 SCC 1, that electronic service may be permissible in appropriate cases.
3. Presumption and Proof of Service
   The general presumption under Section 114 of the Indian Evidence Act, 1872 applies only when there is proof that summons were actually tendered. In K. Rajagopal v. State of Tamil Nadu, the Madras High Court emphasised that mere dispatch of a notice abroad does not establish service; proof of delivery or refusal is essential.

1. Territorial Jurisdiction under Section 27 DV Act
   Section 27 provides jurisdiction to the court where:
   1. The aggrieved person resides;
   2. The respondent resides; or
   3. The cause of action arises.
      Thus, even if the husband resides abroad, proceedings can be filed in the jurisdiction where the aggrieved wife resides in India. However, practical enforcement depends on valid service.
2. Ex Parte Orders and Fair Hearing
   Under Section 23(2) DV Act, ex parte interim orders can be granted. However, as held in S. Balaji v. N. Lavanya, such orders must be revisited once the respondent appears and contests service. The court cannot proceed on a presumption alone when the respondent is abroad and has not been served.

1. The most formal method involves forwarding summons to the MEA’s Consular Division, which transmits them to the Indian Embassy in the respondent’s country. The embassy then arranges delivery via local postal or diplomatic channels and provides proof of service.
2. Through Indian Missions or Consulates
   Some Indian embassies accept serving notices under bilateral treaties or the comity of nations. The complainant must bear translation and transmission costs, and proof of service is certified back to the originating court.
3. Email or Electronic Messaging
   Where formal diplomatic channels are slow or unavailable, courts have directed alternative service via email, WhatsApp, or SMS, provided there is verifiable acknowledgement. Screenshots or delivery receipts are admissible under Section 65B, Evidence Act.
4. Substituted Service
   If all reasonable efforts fail, substituted service may be allowed under the principles of Order V Rule 20 CPC — e.g., publication in an Indian newspaper with wide circulation or on the respondent’s social media page — though this remains an exception, not a rule.

1. Diplomatic and Time Constraints
   Serving summons through official channels often takes several months. Many cases languish or proceed ex parte, risking invalidation later.
2. Enforcement of Orders
   Even after a valid service, enforcing DV orders (such as monetary relief or residence orders) against a person abroad remains problematic unless he holds assets in India.
3. Due Process and Abuse Concerns
   Balancing the respondent’s right to be heard with the aggrieved woman’s right to timely relief is delicate. Courts must guard against both procedural abuse and denial of justice through delay.

1. Dedicated Protocol for Transnational Service:
   Parliament should notify procedural rules under Section 28(2) DV Act for service abroad, perhaps adapting the Hague-Service Convention, to which India is a signatory.
2. Electronic and Hybrid Service Framework:
   The judiciary should codify acceptance of verified electronic service (email/WhatsApp) as valid for DV proceedings.
3. Centralised Digital Registry:
   Courts should develop an online registry of foreign-service attempts, tracking status through MEA coordination to prevent duplication and delay.
4. Provisional Orders:
   Courts may issue provisional protection orders subject to confirmation upon valid service abroad, balancing immediacy and fairness.

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