Anjali Brahmawar Chauhan vs Navin Chauhan
- SCC(2021) 16 SCC 501
- Neutral2021 INSC 40
- AIRAIR 2021 SC 2880
Ratio decidendi
The rule this decision rests on
Where all court proceedings are being conducted through video conferencing due to extraordinary circumstances such as a pandemic that has stopped physical functioning of courts, video conferencing may be directed in matrimonial matters as an exception to the general rule that video conferencing is not permissible in such matters, notwithstanding the judgment in Santhini vs. Vijaya Venketesh.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Review Petition (C) No.472 of 2018 In Transfer Petition (C) No.1252 of 2016
Anjali Brahmawar Chauhan .... Petitioner Versus
Navin Chauhan …. Respondent (s)
O R D E R
1. The Petitioner preferred Transfer Petition (C) No.1252 of
2016 seeking transfer of HMA No.487 of 2015 filed by the
Respondent from the Principal Judge, Family Court, District
Gautambudh Nagar, U.P. to the Court of Principal Judge, Family
Court, Saket District, New Delhi. The Transfer Petition was
dismissed taking into account the fact that no serious
inconvenience will be caused to the Petitioner for travelling
between Gautambudh Nagar, U.P. to Saket, New Delhi. While
dismissing the Transfer Petition, this Court directed the trial to
be conducted at Gautambudh Nagar, Family Court through
video conferencing.
2. This Review Petition has been filed by the Petitioner on
Signature Not Verifiedthe ground that there is no video conferencing facility at Digitally signed by Sanjay Kumar Date: 2021.01.22
Gautambudh Nagar, District Courts. Another ground in the 17:07:25 IST Reason:
Review Petition is that video conferencing is not permissible in
1 | Page matrimonial matters in accordance with the judgment of this
Court date 09.10.2017 in a case titled “Santhini vs. Vijaya
Venketesh”.
3. Notice was issued in the Review Petition on 20.03.2018.
Due to the ongoing pandemic, physical functioning of the
Courts has been stopped since March, 2020. Proceedings in all
Courts are being conducted only through video conferencing.
In the normal course we would not have directed video
conferencing in respect of matrimonial matters as per the
judgment of this Court mentioned above. However, in the
present situation where all proceedings are conducted through
video conferencing, we direct the Family Court, District
Gautambudh Nagar, U.P. to conduct the trial through video
conferencing.
4. The Review Petition is dismissed.
………....................CJI.
[S.A. BOBDE]
..........……...................J. [L. NAGESWARA RAO]
….……………………...J. [VINEET SARAN]
New Delhi January 22, 2021
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