Can matrimonial disputes or custody matters between the couples residing in different states or districts be adjudicated through video conferencing?
The apex court is seized of a large number of matrimonial disputes in which estranged spouses seek transfer of their cases from one state to another on various grounds.
Can matrimonial disputes or custody matters between the couples residing in different states or districts be adjudicated through video conferencing?
The Supreme Court today said it will pass orders.
The apex court is seized of a large number of matrimonial disputes in which estranged spouses seek transfer of their cases from one state to another on various grounds.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, after hearing submissions of senior advocate Ajit Sinha appointed as amicus curiae in the case, reserved its order.
At the outset, Sinha said that the order of a two-judge bench directing the courts to explore the possibility of video conferencing, impinges upon the right to privacy of estranged spouses.
He cited the recent privacy judgement of the apex court and said that matrimonial proceedings should get the protection of privacy.
On August 9, Justices Kurian Joseph and R Banumathi had referred to a larger three-judge bench, the present petition filed by a woman seeking transfer of her case filed for dissolution of marriage and custody of child, from a family court in Alappuzha, Kerala, to a family court in Chennai.
The bench had then disagreed with the order passed by Justice Adarsh Goel and U U Lalit in an another matter on March 9 directing the use of video-conferencing in such matters.
It had raised apprehension about the "confidentiality" in video conferencing proceedings particularly when efforts are made by counsellors, welfare experts for reconciliation and restitution of conjugal rights or dissolution of marriage, ascertainment of the wishes of the child in custody matters.
"It is certainly difficult in video conferencing, if not impossible, to maintain confidentiality," Justice Joseph had said, adding that the footage in video conferencing becomes part of the record.
After the order of Justices Goel and Lalit mandating the use of video conferencing facilities in matrimonial disputes before filing transfer petitions, the apex court has been disposing of petitions without going into the merits of such cases.