Source:- hindustantimes.com<\/p>\n
The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.<\/p>\n
Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.<\/p>\n
Typically, the woman\u2019s choice is given a priority and the case moved to the place where she lives.<\/p>\n
But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.<\/p>\n
\u201c… the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,\u201d said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.<\/p>\n
It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.<\/p>\n
\u201cWe are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,\u201d it said.<\/p>\n
Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.<\/p>\n
The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.<\/p>\n
The case was filed in Jabalpur where her estranged husband resided.<\/p>\n
The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.<\/p>\n
If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.<\/p>\n
Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.<\/p>\n