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 consideration of individual circumstances.

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 India.

3. Per contra, learned counsel for the respondent-husband would submit that vide order dated 29.07.2024, the Coordinate Bench of this Court has already allowed the appellant-wife to appear through Video-Conferencing before the concerned Family Court for the evidence.

4. Considered and perused the record.

5. The Coordinate Bench of this Court vide order dated 29.07.2024 directed that appellant-wife can appear through video-conferencing before the lower court. This order of the Coordinate Bench has effectively granted the relief, however, the appeal was not finally disposed of.

6. It is a matter of fact that the High Court of Uttarakhand vide its Notification No. 260/UHC/Admin.A/2020 dated 10.10.2020 notified ‘ High Court of Uttarakhand Video Conferencing Rules -2020’

7. As per Rule 3(i) of Rules 2020 the video conferencing facilities may be used at all stages of judicial proceedings and proceedings conducted by the Court.The general principles as enshrined in Chapter II of Rules, 2020 are reproduced here as under:-

3. General Principles Governing Video Conferencing

(i) Video conferencing facilities may be used at all stages of judicial proceedings and proceedings conducted by the Court.

(ii) All proceedings conducted by a Court by way of video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical court shall apply to these virtual proceedings.

(iii) All relevant statutory provisions applicable to judicial proceedings including provisions of the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872 (abbreviated hereafter as the Evidence Act), Oaths Act, 1969 and Information Technology Act, 2000 (abbreviated hereafter as the IT Act), shall apply to proceedings conducted by video conferencing.

(iv) Subject to maintaining independence, impartiality and credibility of judicial proceedings and subject to such directions as the High Court may issue, Courts may adopt such technological advances as may become available from time to time.

(v) The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner appointed by the Court to record evidence and to an inquiry officer conducting an inquiry.

(vi) There shall be no unauthorised recording of the proceedings by any person or entity (vii) The person defined in Rule 2(xi) shall provide identity proof as recognised by the Government of India/State Government/Union Territory to the Court point coord