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This is an archive article published on March 10, 2017

Technology advancement be utilised in matrimonial cases: SC

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".

matrimonial cases, Supreme Court on matrimonial cases, India matrimonial cases, matrimonial disputes,  Adarsh Kumar Goel, Supreme Court, indian express news Supreme Court has said technological tools should be used in matrimonial cases. (File Photo)

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.

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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.

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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.”

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