VIDEO CONFERENCING IN TRANSFER PETITION
Santhini
v.
Vijaya Venkatesh
AIR 2017 SC 5745: 2017 (12) SCALE 359:
2018 (1) SCC 1: 2018 (3) Civil LJ 429
Decided on: 09-10-2017
Hon’ble judge: Dr. D. Y. Chandrachud, J.
Facts: Pivotal concern raised by 2 Judge Bench of this court as to whether order could be passed providing a better alternative to every individual who is compelled to move this Court. Court transferred the case as prayed and observed it will be open to transferee Court to conduct proceedings or record evidence of witnesses who are unable to appear in Court by way of video conferencing.
Issue: Whether alternative mode of video conferencing could be directed to avoid transfer of case??
Held: Video conferencing cannot be directed in transfer petition. Expression of desire by wife or husband is whittled down and smothered, if Court directs that proceedings shall be conducted through use of video conferencing. There is statutory protection of both parties in matrimonial disputes covered under section 7 of Family Courts Act, 1984 and conferment of power on court with duty to persuade parties to reconcile. Command of section as well as spirit of Act will be in peril if proceedings are directed to be conducted through video conferencing and cause of justice would be defeated. In view of the scheme of Act and section 11, matrimonial disputes may be heard in camera. After settlement fails, if the Family Court feels it appropriate that video conferencing will sub-serve the cause of justice, it may be so direct, having regard to facts and circumstances of each case.
