Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Court's Discretion on Husband’s Physical Appearance - Courts have held that when a husband resides in another state or country, insisting on his physical presence at every hearing is unnecessary. Instead, courts may allow him to appear through counsel or via virtual means, especially if his presence is not crucial at each step of proceedings. This approach balances the need for fair trial with practical considerations of distance and residence. Sources: Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 Supreme(AP) 822 - 2024 0 Supreme(AP) 822, SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh, SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh, Amanpreet Kaur Basan VS Sukhwinder Singh - Punjab and Haryana
Judicial Flexibility and Use of Technology - Many courts, including Family Courts in Visakhapatnam and Bhubaneswar, have adopted virtual conferencing to avoid insisting on physical attendance, particularly when the respondent is residing far away. This is especially relevant under current technological advancements and aims to expedite proceedings without compromising fairness. Sources: SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh, SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh, Amanpreet Kaur Basan VS Sukhwinder Singh - Punjab and Haryana
Legal Principles Supporting Remote Appearance - Courts emphasize that the ends of justice are best served when physical attendance is not strictly enforced if the respondent engages counsel and their presence is not essential at every hearing. Undertakings to attend on specific dates or through virtual means are often accepted, provided the respondent’s participation is ensured when necessary. Sources: Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 Supreme(AP) 822 - 2024 0 Supreme(AP) 822, Amanpreet Kaur Basan VS Sukhwinder Singh - Punjab and Haryana
Specific Case References - Supreme Court decisions and various High Court orders highlight that the physical presence of a respondent residing in another state or country is not mandatory at every hearing, especially when the respondent is represented by counsel or when virtual appearances are facilitated. This is consistent with the principles of justice and practical convenience. Sources: Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 Supreme(AP) 822 - 2024 0 Supreme(AP) 822, Jagdeep Kaur @ Jasdeep Kaur VS Arshdeep Singh - Punjab and Haryana, SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh
Analysis and Conclusion:In proceedings under Section 9 of the Hindu Marriage Act, when the husband resides in another state or country, courts should not insist on his physical appearance at every hearing. Instead, they can permit virtual appearances or appearances through counsel, ensuring that the respondent’s right to participate is maintained while avoiding unnecessary hardship. This approach aligns with recent judicial trends favoring flexibility, technological adoption, and the practical realities of distance, thereby streamlining the process without compromising fairness.
In today's fast-paced world, matrimonial disputes often span across states or even countries, making physical court appearances a logistical nightmare. Imagine a husband living and working in a different state, summoned repeatedly to a family court for proceedings under Section 9 of the Hindu Marriage Act, 1955 (HMA)—a provision for restitution of conjugal rights. Must he appear in person on every single date? The answer, backed by judicial wisdom and technological advancements, is generally no. Courts have increasingly recognized alternatives like video conferencing to ensure fairness without undue hardship. This blog dives deep into the legal nuances, precedents, and practical recommendations.
Section 9 HMA allows either spouse to seek court intervention when the other withdraws from the society of the other without reasonable excuse. The petitioner typically files in a family court, aiming to restore cohabitation. But what if the respondent-husband resides in another state? Traditional rules might demand his physical presence to verify genuine participation, but modern courts prioritize justice over rigidity. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
The core question arises: In a Proceeding under Section 9 Hindu Marriage Act if Husband is Residing in Another State then Court should Not Insist on his Physical Appearance on Every Date? Judicial rulings affirm that physical presence isn't strictly mandatory on every hearing, especially with reliable alternatives. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
Courts have established that the husband's physical appearance is not required at every stage if he resides elsewhere, provided his presence is secured through video conferencing. This holds true amid technological progress and exceptional circumstances like distance or pandemics. The purpose—ensuring authentic involvement—can be met virtually, avoiding prejudice or hardship. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
Key points include:- Personal appearance via video conferencing is recognized, particularly during extraordinary times. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- No mandate for physical presence on every date if tech secures participation. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Balances procedural integrity with practical realities. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
In Charanjit Kaur Nagi Vs. Govt. of NCT of Delhi, the court observed: > The requirement of personal appearance can be ensured through Video Conferencing as well... If the purpose of the Rule which insists personal appearance of the parties to the marriage could be ensured by Video Conferencing, there shall not be any impediment for the court in interpreting the provisions in such a way as permitting insistence of personal appearance through Video Conferencing. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
This highlights video conferencing as a practical substitute, especially for those abroad or in distant states. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
Multiple courts endorse this:- Punjab & Haryana High Court in Ami Ranjan v. State of Haryana accepted video conferencing for personal appearance. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Kerala High Court in Pardeep Kodiveedu Cletus & Anr. noted tech developments fulfill appearance requirements. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Supreme Court in State of Maharashtra v. Praful B. Desai ruled virtual presence satisfies 'personal presence' in proceedings, applicable by analogy to matrimonial cases. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
These precedents emphasize flexibility in exceptional situations like residence in another state. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
Family courts across India are adapting similarly. For instance, the learned Judge, Principal Family Court, Vijayawada, was directed: > shall not insist physical presence of the petitioner for each and every adjournment in both petitions, if she engages a Counsel, and he can insist her presence, as and when required or at the time of recording her evidence before the Court. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822
By analogy, this applies to husbands too—courts may waive physical presence if counsel is engaged, reserving it for key stages like evidence recording. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822
In Bhubaneswar Family Court proceedings under Section 9 HMA: > with the advent of technology, facilities have been put in place in most of the Courts in this State, appearance through virtual conferencing mode is encouraged. PREETI BAI vs JAGDISH CHANDRA JENA - 2025 Supreme(Online)(Ori) 2951 - 2025 Supreme(Online)(Ori) 2951
Other cases reinforce: Courts exercise discretion, allowing counsel or virtual modes when the husband is in another state, balancing fair trial with distance. Sources like Amandeep Kaur VS Gurjeet Singh - 2022 Supreme(P&H) 1913 - 2022 0 Supreme(P&H) 1913, Meena VS Kaluram - 2023 Supreme(P&H) 714 - 2023 0 Supreme(P&H) 714, SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh, SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh, Amanpreet Kaur Basan VS Sukhwinder Singh - Punjab and Haryana highlight transfer petitions and non-insistence on routine appearances to prevent harassment.
Courts typically:- Permit appearances through counsel for adjournments. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822- Encourage virtual modes in family courts like Visakhapatnam and Bhubaneswar. SMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra PradeshSMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra PradeshAmanpreet Kaur Basan VS Sukhwinder Singh - Punjab and Haryana- Accept undertakings for specific dates or virtual presence. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822Amanpreet Kaur Basan VS Sukhwinder Singh - Punjab and Haryana
This aligns with principles serving 'ends of justice' without strict enforcement. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822Jagdeep Kaur @ Jasdeep Kaur VS Arshdeep Singh - Punjab and HaryanaSMT. MADIYA MANIBHARGAVI vs SRI MADIYA SOMESWARA RAO - Andhra Pradesh
However, limitations exist:- If authenticity concerns arise, physical presence may be insisted upon. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Court verifies identity and security in virtual modes. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Jurisdiction-specific rules apply, subject to interpretation. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
To streamline proceedings:- Request video conferencing citing precedents and feasibility. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Engage counsel to represent on routine dates. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822- Courts should protocolize virtual verifications for integrity. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Parties in distant states can seek transfers if needed, avoiding harassment. Amandeep Kaur VS Gurjeet Singh - 2022 Supreme(P&H) 1913 - 2022 0 Supreme(P&H) 1913Meena VS Kaluram - 2023 Supreme(P&H) 714 - 2023 0 Supreme(P&H) 714
Generally, in Section 9 HMA proceedings, courts should not insist on the husband's physical appearance on every date if he resides in another state. Video conferencing or counsel suffices, ensuring participation without hardship. This reflects judicial trends favoring technology and flexibility. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822
Key Takeaways:- Video conferencing fulfills 'personal appearance'. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103- Not mandatory every date; discretion for key stages. Cheedella Naga Venkata Kanakadurga VS Cheedella Suresh Babu - 2024 0 Supreme(AP) 822- Cite precedents for remote options. Karan Goel VS Kanika Goel - 2020 0 Supreme(Del) 1103
Disclaimer: This is general information based on judicial trends, not specific legal advice. Consult a qualified lawyer for your case.
#Section9HMA, #VideoConferencingCourt, #HinduMarriageAct
v) The respondent-husband has filed the petition under Section 9 of the Hindu Marriage Act, which is pending before the Principal Judge, Family Court, Gurdaspur. ... . or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act. ... (Oral) - Prayer in this petition filed by p....
The learned Judge, Principal Family Court, Vijayawada shall not insist physical presence of the petitioner for each and every adjournment in both petitions, if she engages a Counsel, and he can insist her presence, as and when required or at the time of recording her evidence before the Court. ... The learned Judge, Principal Family Court, Vijayawada s....
. or Section 12 of the Domestic Violence Act or section 24 of the Hindu Marriage Act. ... Prayer in this petition filed by petitioner wife is for transfer of petition filed by respondent-husband under section 13 of HINDU MARRIAGE ACT , titled " Arshdeep Singh v. ... Aishwarya's case (supra) passed by the Hon'ble Supreme Cour....
125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act. ... It is further submitted that the respondent-husband has filed the present petition under Section 13-A of the Hindu Marriage Act at Karnal in order to harass the petitioner. ... Prayer in this petition is for transfer of the petition fil....
The learned Judge, Additional Family Court, Visakhapatnam shall not insist physical presence of the respondent for each and every date of adjournment, if he engages an Advocate and he can insist the physical presence of the respondent whenever it is required during the course of enquiry or at the time ... It is the contention of the petitioner that the....
The learned Judge, Additional Family Court, Visakhapatnam shall not insist physical presence of the respondent for each and every date of adjournment, if he engages an Advocate and he can insist the physical presence of the respondent whenever it is required during the course of enquiry or at the time ... It is the contention of the petitioner that the....
v) The respondent-husband has filed the petition under Section 9 of the Hindu Marriage Act, which is pending before the Principal Judge, Family Court, Ludhiana. ... Prayer in this petition filed by petitioner-wife is for transfer of the petition filed by respondent-husband under Section 9 of the Hindu Marr....
No.818 of 2024 before the learned Judge, Family Court, Bhubaneswar on 02.12.2024 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. 5.2. ... 9. However, with the advent of technology, facilities have been put in place in most of the Courts in this State, appearance through virtual conferencing mode is encouraged. ... T....
He submitted that, two Hindus, who got married under the Hindu Marriage Act, would always be governed by the provisions of the Hindu Marriage Act and a mere acquisition of citizenship or a domiciliary status of another country would not result in the applicability a law other than the Hindu Marriage ... He submitted that since both the parties were act....
He submitted that since both the parties were actually residing in India when the divorce proceedings were initiated by the husband before Australian Court, the provisions of the HINDU MARRIAGE ACT would apply and not the Australian Laws governing divorce. ... As previously stated, under section 13 of the HINDU MARRIAGE ACT 1955 i....
It is contention of the husband that the wife deserted him on 11.05.2011 and then he was required to file proceeding under Section 9 of the Hindu Marriage Act. It is contention of the husband that after decision of the Section 9 of the Hindu Marriage Act proceeding the wife gave report to Police and crime came to be registered against the husband for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and then the wife filed proceeding in ....
Since she has justified her stay on the ground that she was taking care of her mother, she was questioned about the age of her mother she informed her date of birth to be April 10, 1959 meaning thereby that her mother was 41-42 years at that time and did not require any medical care especially when after the death of the father in the year 2000 she had stayed with her for about one year. Again she left the matrimonial home in the year 2003 and thereafter filed a complaint with the Women Cell, ....
Harish Tandon, J.—The husband is showing his aversion to maintenance granted to the wife under Section 24 of the Hindu Marriage Act, 1955 in a proceeding instituted by her under Section 9 thereof.
7. In Chandramauli Prasad (supra) a Coordinate Bench of this Court held that personal appearance of an accused is required in a criminal trial in order to avoid any prejudice to the accused. “Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused and have their genesis in the limited approach of the legal system in England of the late 16th and early 17th Centuries that operated to the prejudice of the acc....
Clause 4 of Sub-Section 1 of Section 31 of the Special Marriages Act, and Clause 4 of Section 19 of the Hindu Marriage Act are pari-materia pro-visions. As stated supra, Section 2 of the Hindu Marriage Act does not stipulate any stringent condition that both parties should be residing within or domiciled in the jurisdiction of India for maintaining a petition under the Hindu Marriage Act. In fact, it covers all Hindus, who are residing outside the territory to which this Act ....
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