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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
Meenu Bobby @ Meenu Baby, D/o. Baby James – Appellant
Versus
Bobby Satheesan, S/o. Satheesan – Respondent
JUDGMENT :
The petitioner challenges Ext.P10 order of the learned Family Court, Ernakulam, whereby, the requested opportunity of adducing evidence through Video Conferencing has been granted; but without making a provision for a Co-ordinator at the “Remote Point” of the witness, who is stated to be presently in Canada.
2. Sri.Alexander Joseph – learned counsel for the petitioner, argued that, as per Rule 5(4) of Ext.P12 – Electronic Video Linkage Rules for Courts (Kerala), 2021 (“Rules:” for short) framed by this Court, the Co-ordinator at the “Remote Point” must be an official of the Indian Embassy/Indian Consulate/High Commission, when it was situated oversees. He argued that, it is only in exceptional circumstances, if any genuine reason is to be shown, can the Court dispense with this; and he relied upon Rule 8(23) of the said Rules in substantiation. He pointed out that, however, in Ext.P10, no such reasons have even been whisperingly stated by the learned Court, while dispensing with the Co-ordinator at the “Remote Point”; and hence, prayed that Ext.P20 be set aside.
3. However, in response, Sri.M.Shyju – learned counsel for the respondent, submitted that this is a case where t
The requirement for a Co-ordinator at the remote point during video conferencing is a normative rule under the Electronic Video Linkage Rules, and any exceptions must be justified by the court.
Adherence to procedural rules for video conferencing in legal proceedings is essential; exemptions must have sufficient justification as mandated by the established rules.
The main legal point established is the applicability of Video Conferencing Rules to civil proceedings and the requirement for a Coordinator at the remote point for examining a witness through video ....
The Electronic Audio-Video Linkage Rules (Kerala), 2025 provide a framework for conducting judicial proceedings via electronic means, ensuring procedural integrity and confidentiality while facilitat....
The court allowed the relaxation of video conferencing rules enabling a complainant abroad to record evidence, emphasizing the role of discretion to avoid undue hardship in legal proceedings.
The court affirmed that cross-examination via video conferencing is permissible under the Electronic Video Linkage Rules, enhancing access to justice.
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