Technology advancement be utilised in matrimonial cases: SC

Source:- outlookindia.com

New Delhi, Mar 10 The Supreme Court has said technological tools like video conferencing should be used in matrimonial cases where the place of adjudication is not convenient to either of the parties.

The apex court said video conferencing should be used in matrimonial cases in which one of the parties resides outside the jurisdiction of the court where the matter is pending for speedy disposal.

A bench of Justices Adarsh Kumar Goel and U U Lalit said that transferring such matter to another court is “not always a solution acceptable to both the parties”.

“It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is convenient to both the parties,” the bench said.

“We understand that in every district in the country video conferencing is now available. In any case, wherever such facility is available, it ought to be fully utilized and all the high courts ought to issue appropriate administrative instructions to regulate the use of video conferencing for certain category of cases,” it said.

The apex court also said that in cases where one or both the parties request for video conference, proceedings may be conducted through this system.

The bench said technology ought to be utilised for service on parties or receiving communication from them.

“We are thus of the view that it is necessary to issue certain directions which may provide alternative 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,” it said.

Suggesting a slew of safeguards which should be followed in such cases, the bench said it could be “availability of video conferencing facility, availability of legal aid service, deposit of cost for travel, lodging and boarding…, e-mail address/phone number, if any, at which litigant from out station may communicate.” (More)

The court identified ignorance about availability ofsuitable legal services as another problem faced by litigants and asked legal aid committees of every district to make available on their website details of panel advocates for enhancing access to justice.

“These steps may, to some extent, take care of the problems of the litigants. These suggestions may need attention of the high courts,” it said.

The apex court’s order came on a transfer plea filed by a woman in a matrimonial dispute on the ground that she lives in Hyderabad with her minor daughter and has to travel to Jabalpur where her estranged husband has filed a divorce case.

The bench allowed the petition and transferred the divorce matter from Jabalpur in Madhya Pradesh to family court in Hyderabad, noting that the plea was pending before it for past three years.