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M. NIRMAL KUMAR
G. Shrilakshmi – Appellant
Versus
Anirudh Ramkumar – Respondent
ORDER :
PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, 1950, praying to direct the learned Principal Family Court, Chennai to number the unnumbered I.A. in O.P.No.2148 of 2023 filed on 29.02.2024 pending on its file in a time-bound manner.
Prayer in C.M.P.No.12451 of 2024: Civil Miscellaneous Petition filed under Section 151 of C.P.C. praying to clarify the direction issued in Para 11 of the judgment in C.R.P.No.1800 of 2024 as permission to appear from the respective residences of the parties in United States of America without having go to the Indian Consulate for appearance through virtual mode.
PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, 1950, praying to direct the registry of Family Court, Chennai to number O.P.(SR.) No.3609 of 2023 along with the interim applications.
C.R.P.No.1994 of 2024
The petitioner/estranged wife of the respondent filed this revision seeking a direction to the Principal Family Court, Chennai to number the unnumbered I.A. in O.P.No.2148 of 2023 filed under Section 13-B of the Hindu Marriage Act seeking divorce by mutual consent.
2. The contention of the petitioner is tha
The court established that technical objections should not hinder the process of mutual consent divorce, allowing virtual appearances and representation through power of attorneys.
The court ruled that technical objections should not obstruct mutual consent divorce proceedings, allowing representation via power of attorney and video conferencing, emphasizing the need for judici....
The court affirmed that parties in divorce proceedings may appear via video conferencing, recognizing technological advancements that facilitate justice.
Videoconferencing in matrimonial disputes is not permissible at the reconciliation stage; it can only occur post-failure of reconciliation with mutual consent.
Point of law: Requirement under Section 13B(2) of Hindu Marriage Act is the “motion of both parties”.
The main legal point established in the judgment is the need to balance leveraging technology, specifically videoconferencing, with preserving the sanctity of judicial proceedings, ensuring privacy, ....
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