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SUBHASH VIDYARTHI
Priti Singh Thru. Her Mother Smt. Kusum Lata Verma (Power Of Attorney) – Appellant
Versus
Birendra Narain Singh – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.)
1. Heard Sri Saksham Agarwal, learned counsel for the petitioner and Sri Saurabh Misra, learned counsel for the opposite party.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 06.09.2023 passed by the learned Additional Principal Judge-IV, Family Court, Lucknow in Case No.440 of 2019 under Section 13 of the Hindu Marriage Act. The petitioner has further prayed for issuance of a direction to the Family Court to record her evidence through video conferencing or through her power of attorney holder.
3. Briefly stated, facts stated in the petition are that marriage of the parties was solemnized on 11.02.2008 at New Delhi. Out of the wedlock between the parties, a daughter was born on 15.02.2011 at Belfest, Northern Ireland and a son was born on 14.02.2013 in Scotland. The petitioner is a British citizen and she is domicile of United Kingdom. The respondent also had the intention to settle in the United Kingdom but he could not qualify the entrance examination required for medical practitioners to obtain employment in United Kingdom and consequently, he
The court upheld the Family Court's decision to deny video conferencing for evidence recording, citing lack of legal provision and the petitioner's failure to appear in person.
Exceptional circumstances, such as permanent residency in a foreign country and visa restrictions, may warrant the use of advanced technology, such as video conferencing, for court proceedings.
The court affirmed that parties in divorce proceedings may appear via video conferencing, recognizing technological advancements that facilitate justice.
The court upheld the right to record evidence via video conferencing for parties residing abroad, emphasizing adherence to the Video Conferencing Rules-2020 and the necessity for judicial considerati....
The main legal point established in the judgment is the necessity of responding to the call of social distancing and ensuring the sanctity of testimony through video conferencing, in line with the gu....
The main legal point established in the judgment is the court's recognition of the evolving technology and its application in the registration of marriages under the Special Marriage Act, allowing fo....
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 established that technical objections should not hinder the process of mutual consent divorce, allowing virtual appearances and representation through power of attorneys.
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