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Karnataka HC Relaxes VC Rules for Remote Evidence Recording in Case
In a significant move to uphold justice without procedural rigidity, the has allowed a 71-year-old widow to record her evidence via video conference from her residence in the United States of America. The order, passed by Hon’ble Ms. Justice Tara Vitasta Ganju, specifically relaxed the mandatory requirement for foreign residents to utilize or facilities for such proceedings.
Case Background
The petitioner, Mrs. Rekha Gupta, filed for under , following the passing of her husband, Mr. Girish Kumar Gupta, in . Having relocated to the USA to live with her son, Mrs. Gupta, a Green Card holder, faced significant challenges in traveling back to India.
Although public notices regarding the
petition (P & SC No. 11/2025) drew no objections, rendering the matter
, the
had adjourned the recording of the petitioner's evidence repeatedly for over a year. Seeking an end to this wait, the petitioner moved the High Court, requesting an expedited decision and a relaxation of the stringent provisions of the
"
."
Arguments and Legal Framework
The petitioner argued that as the sole beneficiary and executrix, the delay in the process was causing . Specifically, she sought relief from , which mandates that witnesses located overseas must have their evidence recorded at an or .
Counsel for the petitioner pointed to , which grants the High Court the power of relaxation. The bench was urged to consider the uncontested nature of the proceedings and the petitioner's advanced age as valid grounds for dispensing with the requirement of a at an Indian diplomatic mission.
Key Observations
Highlighting the Court’s authority to prioritize equity over procedural technicalities, Justice Tara Vitasta Ganju held:
"The High Court may if satisfied that the operation of any Rule is causing , by an order dispense with or relax the requirements of that Rule to such extent and subject to such conditions, as may be stipulated to deal with the case in a ."
Regarding the relaxation of the embassy requirement, the Court added:
"The petitioner is permitted to record her evidence without availing the services of the , and the rigour of read with of the is relaxed to this extent, subject to the safeguards set out in para 9 above."
The Court’s Decision and Safeguards
The High Court allowed the petition, explicitly permitting Mrs. Gupta to record her from her home in the USA. To ensure the integrity of the process, the Court imposed three critical safeguards: 1. The petitioner must file a formal undertaking that she will not allow any external interference or obstruction during the recording. 2. Any disconnection attributable to the witness will result in the testimony being discarded. 3. The is empowered to implement additional security measures to guarantee the fairness of the proceedings.
Furthermore, the High Court directed the , to dispose of the petition expeditiously, ideally within three months. This ruling serves as a vital precedent for Non-Resident Indians (NRIs) and elderly litigants who require access to justice remotely without the administrative burden of visiting distant diplomatic outposts.
