“Family Courts Must Encourage The Use Of Technology To Facilitate Speedy and Effective Solutions”: Justice Chandrachud Explains His Reasons For the Dissent [Read Judgment]
7 years, 5 months ago

“Family Courts Must Encourage The Use Of Technology To Facilitate Speedy and Effective Solutions”: Justice Chandrachud Explains His Reasons For the Dissent [Read Judgment]

Live Law  

Vide its judgment dated 9th October, 2017, a Bench of 3 judges in Santhini v. Vijaya Venketesh had overruled directions issued in the case of Krishna Veni Nagam v. Harish Nagam. The main reasons in Justice Chandrachud’s dissent can be summarized as below: The decision in Krishna Veni Nagam does not stipulate a mechanical direction that in every transfer petition, parties should be directed to take recourse to video conferencing facilities. With the advancement of technology, many countries have laid down detailed guidelines regulating the use of video conferencing technology in Family Courts. He, thus, concluded: “There is, in my view, no basis either in the Family Courts Act 1984 or in law to exclude recourse to video conferencing at any stage of the proceedings. Whether video conferencing should be permitted must be determined as part of the rational exercise of judgment by the Family Court… Family Courts must encourage the use of technology to facilitate speedy and effective solutions.

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History of this topic

Uttarakhand HC Permits US-Based Wife To Record Evidence Via Video Conferencing In Matrimonial Dispute, Stresses Effective Use Of VC Rules
2 weeks, 6 days ago

Uttarakhand HC Permits US-Based Wife To Record Evidence Via Video Conferencing In Matrimonial Dispute, Stresses Effective Use Of VC Rules

Live Law  

Last week, the Uttarakhand High Court allowed a wife residing in the United States of America to record her evidence in a matrimonial dispute via videoconferencing. A bench of Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma also directed all the courts within the State to ensure the effective use of High Court Video Conferencing Rules 2020 as and …

Trial Courts Cannot Deny Video Conferencing Facility To Lawyers, Litigants: Madras High Court
1 month, 2 weeks ago

Trial Courts Cannot Deny Video Conferencing Facility To Lawyers, Litigants: Madras High Court

Live Law  

While directing the Puzhal prison authorities to ensure basic facilities to an undertrial prisoner, the Madras High Court highlighted that video conferencing facility, on which the High Court has even framed rules, cannot be denied to lawyers by the trial/special courts. Noting that VC facility had to be provided as per rule, the High Court asked the Special Court to …

Reconciliation In Matrimonial Matters Before Family Court Not Permissible Through Video Conferencing: Andhra Pradesh HC Reiterates
1 month, 2 weeks ago

Reconciliation In Matrimonial Matters Before Family Court Not Permissible Through Video Conferencing: Andhra Pradesh HC Reiterates

Live Law  

The Andhra Pradesh High Court has reiterated that reconciliation proceedings between a married couple before the Family Court are to be conducted in the personal presence of both parties and video conferencing in such a case is impermissible. Referring to Supreme Court's decision in Santhini v. Vijaya Venkatesh, Justice Ravi Nath Tilhari held: "I am of the considered view that …

Mistrust About Virtual Courts Can Be Resolved Through Humility And Compassion
4 years, 9 months ago

Mistrust About Virtual Courts Can Be Resolved Through Humility And Compassion

Live Law  

The World is facing an unprecedented crisis by the COVID-19 pandemic. The Supreme Court and the High Court e-committees through their coordinated and concerted efforts have put in their best efforts after due consultation with various stake holders for the seamless functioning of the courts through video conferencing. All the stakeholders must put in a concerted effort and give it …

Plea Seeking Appearance of Advocates Through Video-Conferencing: Delhi HC Agrees To Consider The Issue
5 years ago

Plea Seeking Appearance of Advocates Through Video-Conferencing: Delhi HC Agrees To Consider The Issue

Live Law  

In a plea highlighting the suffering of litigants due to the restricting of court functioning in light of the coronavirus outbreak, the Delhi High Court has agreed to consider the option of allowing advocates to appear through video-conferencing. Moved by an 82 year old woman Jamna Datwani, the petition seeks quashing of the notifications issued by the Delhi High Court, …

Breaking: [COVID 19] SC To Introduce Court Proceedings Through Video Conferencing, E-Filing Will Be Available 24/7
5 years ago

Breaking: [COVID 19] SC To Introduce Court Proceedings Through Video Conferencing, E-Filing Will Be Available 24/7

Live Law  

In a bid to combat the spread of Novel COVID-19, the Supreme Court will introduce court proceedings vide video conferencing to avoid the 'people to people' contact.The Chief Justice of India Justice SA Bobde called an urgent meeting Sunday evening to discuss the steps to be taken for the functioning of the Courts in the wake of Corona outbreak in …

Karnataka HC Permits Husband In US To Appear Via Skype To Record Compromise For Divorce Petition In Family Court [Read Order]
7 years, 1 month ago

Karnataka HC Permits Husband In US To Appear Via Skype To Record Compromise For Divorce Petition In Family Court [Read Order]

Live Law  

The High Court of Karnataka has permitted a husband to participate in compromise proceedings in family court via online video calling facility Skype. When the family court refused to grant him permission to appear through video conferencing, he approached the high court. The discretionary power of the family courts to allow video conferencing in joint application proceedings with the consent …

“Family Courts Must Encourage The Use Of Technology To Facilitate Speedy and Effective Solutions”: Justice Chandrachud Explains His Reasons For the Dissent [Read Judgment]
7 years, 5 months ago

“Family Courts Must Encourage The Use Of Technology To Facilitate Speedy and Effective Solutions”: Justice Chandrachud Explains His Reasons For the Dissent [Read Judgment]

Live Law  

Vide its judgment dated 9th October, 2017, a Bench of 3 judges in Santhini v. Vijaya Venketesh had overruled directions issued in the case of Krishna Veni Nagam v. Harish Nagam. The main reasons in Justice Chandrachud’s dissent can be summarized as below: The decision in Krishna Veni Nagam does not stipulate a mechanical direction that in every transfer petition, …

Hearing Of Matrimonial Disputes To Be Conducted In Camera; Video Conferencing Cannot Be Directed In Transfer Petitions: SC [Read Judgment]
7 years, 5 months ago

Hearing Of Matrimonial Disputes To Be Conducted In Camera; Video Conferencing Cannot Be Directed In Transfer Petitions: SC [Read Judgment]

Live Law  

In a landmark judgment, the Supreme Court, with a 2:1 majority, has overruled the directions issued in the case of Krishna Veni Nagam v. Harish Nagam, observing that if proceedings are directed to be conducted through videoconferencing, “the spirit of the 1984 Act will be in peril and further the cause of justice would be defeated”. It clarified, “We reiterate …

Hearing Of Matrimonial Disputes To Be Conducted In Camera; Video Conferencing Cannot Be Directed In Transfer Petitions: SC [Read Judgment]
7 years, 5 months ago

Hearing Of Matrimonial Disputes To Be Conducted In Camera; Video Conferencing Cannot Be Directed In Transfer Petitions: SC [Read Judgment]

Live Law  

In a landmark judgment, the Supreme Court, with a 2:1 majority, has overruled the directions issued in the case of Krishna Veni Nagam v. Harish Nagam, observing that if proceedings are directed to be conducted through videoconferencing, “the spirit of the 1984 Act will be in peril and further the cause of justice would be defeated”. It clarified, “We reiterate …

Divorce hearings through video? SC says sure
8 years ago

Divorce hearings through video? SC says sure

The Hindu  

Divorce cases may be fought on video in future rather than in crowded courtrooms amidst strangers. Lalit has, in a recent judgment, asked State High Courts to pass administrative directions to district and lower courts to open up their video conferencing facilities so that couples engaged in matrimonial cases need not travel distances, probably even to other States, to personally …

Use Video Conferencing And Other Technologically Advanced Measures In Matrimonial Cases: SC [Read Judgment]
8 years ago

Use Video Conferencing And Other Technologically Advanced Measures In Matrimonial Cases: SC [Read Judgment]

Live Law  

Supreme Court of India has issued certain important guidelines to avoid the transfer of matrimonial disputes pending in Family Courts.The Bench of Justices AK Goel and UU Lalit was considering a transfer petition filed by wife seeking the transfer of divorce case filed by her husband because she cannot undertake long journey and contest the proceedings at Jabalpur by neglecting …

Andhra HC Approves Witness Examination Over Skype [Read Judgment]
8 years, 4 months ago

Andhra HC Approves Witness Examination Over Skype [Read Judgment]

Live Law  

There is a need to avail of technological innovations with necessary safeguards and precautions in the justice delivery system for speedy and effective disposal of cases, the court observed.Upholding a trial court order allowing witness examination on Skype for recording evidence in a divorce petition, the High Court of Hyderabad has held that examination of witnesses and recording of evidence. …

Delhi HC moots ‘pragmatic and liberal approach’ in allowing witnesses to depose through Video Conferencing [Read Judgment]
9 years, 2 months ago

Delhi HC moots ‘pragmatic and liberal approach’ in allowing witnesses to depose through Video Conferencing [Read Judgment]

Live Law  

“There may be situations where a witness even though within the city may still want the evidence to be recorded through video conferencing in order to save time or avoid inconvenience, the Court should take a pragmatic view”, the Bench said.Delhi High Court in International Planned Parenthood Federation vs. Madhu Bala Nath has observed that Courts must be liberal and …

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