Point of Law: Technology of video conferencing is used where both parties have equal difficulty and there is no place which is convenient to both parties.

ORDER :

1. The present writ petition has been preferred claiming the following reliefs :-

"i. The impugned order dated 10.04.2023 (Annex.4) may kindly be ordered to be quashed and set aside.

ii. The learned Family Court, Jodhpur Metro may kindly be ordered to be directed to permit humble petitioner to appear before Court through Video Conferencing for the purpose of grant of divorce and it is further prayed that cooling of period, as available in the provisions of Section 13B of the Act of 1955, may also be kindly be ordered to be condoned and learned family court may kindly be directed to fix the date for second motion after ten days and pass the appropriate divorce decree in favour of the humble petitioner and the respondent."

2. Learned counsel for the petitioner submits that the petitioner is an enrolled Advocate and because of series of matrimonial litigation, he has justifiable reason to appear through Video Conferencing from abroad, and thus, the petitioner may be permitted to appear before the Court through Video Conferencing, in a matter pertaining to grant of divorce; such prayer, as per learned counsel, is being made in this petition on count of the intensive criminal litigation having been launched against the petitioner, as a result of the matrimonial discord between the parties, and thus, the petitioner is unable to put his physical appearance before the Court, at this juncture.

3. Learned counsel for the petitioner, in support of his submission, relied upon the judgment rendered by Hon’ble Apex Court in the case of Krishna Veni Nagam Vs. Harish Nagam; Transfer Petition (Civil) No.1912/2014, decided on 09.03.2017; relevant portion whereof reads as under:-

"12. Mr. Nadkarni, learned Addl. Solicitor General has suggested that it will be appropriate to give some directions to meet the situation. He submitted that paramount consideration in dealing with the issue ought to be the interest of justice and not mere convenience of the parties. Thus, where husband files a petition at a place away from the residence of the wife, the husband can be required to bear travel and incidental expenses of the wife, if it is so considered appropriate in the interest of justice. At the same time, if the husband has genuine difficulty in making the deposit, proceedings can be conducted by video conferencing. At least one court room in every district court ought to be equipped with the video conferencing facility. The interest of the minor child has also to be kept in mind along with the interest of the senior citizens whose interest may be affected by one of the parties being required to undertake trips to distant places to face the proceedings. Protracted litigation ought to be avoided by better management and coordination so that number of adjournments can be reduced.

13........

14. One cannot ignore the problem faced by a husband if proceedings are transferred on account of genuine difficulties faced by the wife. The husband may find it difficult to contest proceedings at a place which is convenient to the wife. Thus, transfer is not always a solution acceptable to both the parties. It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is convenient to both the parties. We understand that in every district in the country video conferencing is now available. In any case, wherever such facility is available, it ought to be fully utilized and all the High Courts ought to issue appropriate administrative instructions to regulate the use of video conferencing for certain category of cases. Matrimonial cases where one of the parties resides outside court’s jurisdiction is one of such categories. Wherever one or both the parties make a request for use of video conference, proceedings may be conducted on video conferencing, obviating the needs of the party to appear in person. In several cases, this Court has directed recording of evidence by video co