Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Famiv Law - Transfer petition |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | FamiZv Law - Transfer petition - Petitioner sought transferof divorce petition and application for custody of minor child fromthe Family Court, Kera/a to Family Court, Tamil Nadu - Respondenthusband relied on decision rendered by coordinate bench in *KrishnaVent Nagam and requested that there was no need to transfer thecase and instead parties could be directed to avail the facility ofvideo conferencing as suggested in the said decision - Held: Towhat an extent the confidence and confidentiality will besafeguarded and protected in video conferencing, particularly when efforts are taken by the counsellors; welfare experts, and for thatmatter, the court itself for reconciliation, restitution of conjugal rightsor dissolution of marriage, ascertainment of the wishes of the childin custody matters, etc., is a serious issue to be considered - It iscertainly difficult in video conferencing to maintain confidentiality- Footage in video conferencing becomes part of the record whereasthe re conciliatory efforts taken by the duty-holders are not meantto be part of the record - Rather, physical presence of the partieswould make a significant difference - Having regard to the veryobject behind the establishment of Family Courts Act, 1984 and toOrder XXXIIA of the Code of Civil Procedure and to the special Fprovisions introduced in the Hindu Marriage Act under ss.22, 23and 26, the directions issued by the Court in Krishna Veni Nagamcase need reconsideration on the aspect of video conferencing inmatrimonial disputes - Therefore matter referred to larger bench -Reference to larger bench. |
Judge | N/A |
Neutral Citation | 2017 INSC 730 |
Petitioner | Santhini |
Respondent | Vjjaya Venketesh |
SCR | [2017] 12 S.C.R. 547 |
Judgement Date | 2017-08-09 |
Case Number | 1278 |
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