LT CDR ANUBHAV PRAKASH SINGH vs LT CDR NIATI HIRWAY (RETD)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Kar) 33685

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8074 OF 2023 (GM-FC)
BETWEEN:
LT. CDR. ANUBHAV PRAKASH SINGH INDIAN NAVY AGED ABOUT 34 YEARS SON OF SRI KAUSHALENDRA SARAN SINGH RESIDING AT B-109, EAST WING, CRYSTAL DUE APT, HENNUR BANDE HENNUR MAIN ROAD BENGALURU – 560 043.
REPRESENTED BY GPA HOLDER, MR. KAUSHALENDRA SARAN SINGH …PETITIONER (BY SMT.SNEHA NAGARAJ, ADVOCATE)
AND:
Digitally signed by PADMAVATHI LT. CDR. NIATI HIRWAY (RETD.)
B K INDIAN NAVY Location: HIGH COURT OF AGED ABOUT 34 YEARS, KARNATAKA DAUGHTER OF SRI RAHUL HIRWAY, RESIDING AT A-30, SUN CITY, MAHALAXMI NAGAR, INDORE – 452 010.
…RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ,1950 PRAYING TO DIRECT THE LD. V ADD. PRINCIPAL JUDGE FAMILY COURT, BANGALORE, TO PERMIT THE PETITIONER AND RESPONDENT HEREIN TO APPEAR THROUGH VIDEO CONFERENCE IN MC No.4884/2022 THROUGHOUT THE PROCEEDINGS ANNEXURE-A.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner is before this Court seeking a direction to direct the Family Court, Bengaluru to permit the petitioner and the respondent, both to appear through video conferencing in M.C.No.4884 of 2022 throughout the proceedings.

2. Heard Smt.Sneha Nagaraj, learned counsel appearing for petitioner.

3. The petitioner is the husband; the respondent is wife.

The relationship between the two flounders and approach the concerned Court in M.C.No.4884 of 2022 seeking divorce by mutual consent. The petition was filed on 06.08.2022. On 15.03.2023, the petitioner and the respondent file a memo requesting appearance through video conferencing. The concerned Court, refuses to accede to the request to appear through video conferencing and adjourn the matter for appearance and hearing on the memo. On 16.03.2023 an application is filed by both the petitioner and the respondent to argue the matter on the memo, which comes to be rejected by the concerned Court. It is this that drives the petitioner to this Court in the subject petition.

4. Learned counsel for petitioner submits that since it is a divorce by mutual consent, the permission was sought to appear through video conferencing, as the wife is now working at Indore and looking after her aged parents. In these circumstances, the memo was filed which comes to be rejected. The learned counsel seeks a direction to the concerned Court to permit appearance through video conferencing and seek a decree of divorce by mutual consent.

5. Though the discretion exercised by the concerned Court would not be erroneous, what is required to be noticed is that, both the parties are seeking a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act and has also explained the circumstance in which the wife cannot appear before the Court physically. Therefore, the concerned Court is at liberty to permit appearance of the wife through video conferencing with all precautions to be taken i.e., identification of the wife by any Advocate, in accordance with law. The same goes with the husband, the petitioner as well.

6. With the aforesaid condition, petition stands disposed.

The parties can appear through video conferencing with appropriate orders being passed at the hands of the concerned Court. Since the parties have applied for decree of divorce by mutual consent, the Court shall endeavour to permit such appearance and conclude the proceedings, in accordance with law.

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