SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(UK) 13

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
Madhuri Joshi – Appellant
Versus
Shashank Balooni – Respondent


Advocates Appeared:
For the Appellant : Vikas Bahuguna
For the Respondent: Sandeep Kothari

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court emphasized the importance of adhering to the Video Conferencing Rules-2020, particularly when parties are residing abroad and unable to appear in person (!) (!) (!) (!) (!) .
  • The Rules authorize the use of video conferencing at all stages of judicial proceedings, and all applicable statutory provisions, including evidence laws, apply to proceedings conducted virtually (!) (!) .
  • The Rules specify that a remote point coordinator, often an official of an Indian consulate or embassy if the party is overseas, must facilitate the video conferencing process (!) .
  • The court highlighted the necessity for judicial discretion to consider the individual circumstances of parties, especially when they are residing abroad and have legitimate reasons for not appearing physically (!) (!) (!) .
  • Orders directing parties to appear in person without considering their circumstances and the applicable Rules were deemed improper and set aside (!) (!) .
  • The judgment underscores the importance of following circulars and directives issued to promote the effective use of video conferencing facilities, and any deviation without justified reasons should be viewed seriously (!) (!) (!) .
  • The decision advocates for the use of official Indian consulate facilities as remote points to facilitate video conferencing, ensuring parties residing abroad can participate effectively (!) (!) .
  • The judgment calls for the circulation of this ruling among all courts within the jurisdiction and recommends incorporating it into judicial training programs to promote consistent application of video conferencing provisions (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this document.


JUDGMENT :

VIVEK BHARTI SHARMA, J.

1. The present appeal from order is filed by the appellant-wife against the order dated 11.06.2024 passed by the learned Additional Family Court Judge, Dehradun in Matrimonial Original Suit No. 543 of 2021 Shashank Balooni vs. Smt. Madhuri Joshi whereby the application Paper No. 125C2 for recording her evidence by video-conference filed by the respondent/appellant was disposed of.

The appellant-wife filed an application Paper No. 125C2 as per Schedule 1 of the “ High Court of Uttarakhand Video Conferencing Rules -2020” (hereinafter referred to as “Rules, 2020”) but court directed the appellant-wife to remain present for her evidence in defence.

2. Learned counsel for the appellant-wife would submit that the learned Additional Family Court Judge, Dehradun did not apply his judicial mind while disposing of her application for recording the evidence of the appellant-wife by video-conferencing, notwithstanding the fact that it was specifically stated in the application that the appellant-wife was residing in the United States of America, working there as trainee teller in Patelco. Credit Union Bank and unable to take leave and travel for her evidence in

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top