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2025 Supreme(Online)(SC) 9904

SUPREME COURT OF INDIA
MR. PRASHANT KUMAR MISHRA, MR. R. MAHADEVAN, JJ
GAJANAN VASANT KHADE – Appellant
Versus
KAVITA GAJANAN KHADE – Respondent
MISCELLANEOUS APPLICATION|Diary No(s). 22273/2025|T.P.(Crl.) No. 925/2023



Advocates:
For the Appellants/Petitioners: Mr. Saaket Jain, Ms. Shivangi Anand, Mr. Siddhartha Iyer
For the Respondents: M/S. Gururaj & Nayak, Mr. C B Gururaj, Ms. Ilashri Gaur, Ms. Pragya Smriti

The court confirms the authority of the Trial Court to permit virtual appearances in pending cases, emphasizing timely decisions on such requests.

Headnote:The judgment pertains to the applications IA No. 106424/2025 and IA No. 106417/2025, concerning permission for virtual appearance in ongoing proceedings. The court emphasized the need for the concerned Trial Court to expedite the decision on the petitioners' request, following statutory procedures. The court found merit in addressing the delay and provided directions for resolving the matter promptly. Resultantly, the applications are disposed of with directions for the Trial Court to decide the requests as expeditiously as possible.

ITEM NO.5 COURT NO.16 SECTION II-E S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 22273/2025 [Arising out of impugned final judgment and order dated 24-04-2024 in T.P.(Crl.) No. No. 925/2023 passed by the Supreme Court of India]

GAJANAN VASANT KHADE Petitioner(s)

VERSUS KAVITA GAJANAN KHADE Respondent(s)

IA No. 106424/2025 - APPROPRIATE ORDERS/DIRECTIONS IA No. 225313/2025 - CONDONATION OF DELAY IN FILING WITH Diary No(s). 22267/2025 (II-E)

IA No. 106417/2025 - APPROPRIATE ORDERS/DIRECTIONS IA No. 225288/2025 - CONDONATION OF DELAY IN FILING IA No. 225291/2025 - CONDONATION OF DELAY IN FILING Date : 17-10-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) :

Mr. Saaket Jain, Adv.

Ms. Shivangi Anand, AOR Mr. Siddhartha Iyer, AOR For Respondent(s) :

M/S. Gururaj & Nayak, AOR Mr. C B Gururaj, Adv.

Ms. Ilashri Gaur, Adv.

Ms. Pragya Smriti, Adv.

UPON hearing the counsel the Court made the following Signa ture No t Ve rifi ed O R D E R Digitally signed by NISHA KHULBEY Date: 2025.10.18

12:37:01 IST Reason:

IA No. 106424/2025 and IA No. 106417/2025

1. Delay condoned.

2. These applications have been filed by the petitioner(s)/ applicant(s) seeking direction to permit them to appear through virtual mode unless their presence is indispensable.

3. While dismissing/ disposing of the petitioner’s transfer petition being T.P.(Crl.) No. 925 of 2023, vide this Court’s Order dated 24.04.2025, the Court granted liberty to the petitioner(s)/ applicant(s) to approach the concerned Court for seeking permission to appear virtually in the pending proceedings. It was further observed that if such an application is moved, the concerned Court shall pass appropriate orders in accordance with law.

4. Pursuant to the said observation, the petitioner(s)/ applicant(s) moved an application before the concerned Family Court/ Trial Court seeking permission to appear virtually, however, the said application has not yet been decided.

5. In that view of the matter, we dispose of these applications with a direction to the concerned Trial Court/ Family Court to decide petitioner’s applications seeking permission to appear virtually, at the earliest.

5. The applications along with the Miscellaneous Application(s) stands disposed of accordingly.

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