NDLI: Santhini Vs. Vijaya Venketesh

Santhini Vs. Vijaya Venketesh

Content Provider: Supreme Court of India

Please Log-in to view this content

If you are not a registered user, please register first and then use the e-mail id and password to log-in.

Advisory jurisdiction

Arbitration petition

Civil miscellaneous petition

Contempt petition civil

Contempt petition criminal

Criminal appeal

Criminal miscellaneous petition

Curative petition Criminal

Curative petition civil

Death reference case

Disciplinary jurisdiction

Election petition civil

Habeas corpus petition

Miscellaneous application

Review petition civil

Review petition criminal

Special leave petition civil

Special leave petition criminal

Special reference case

Suo moto contempt petition civil

Suo moto contempt petition criminal

Suo moto transfer petition civil

Suo moto transfer petition criminal

Suo moto writ petition civil

Suo moto writ petition criminal

Tax reference case

Transfer petition criminal

Transferred case civil

Transferred case criminal

Writ petition civil

Writ petition criminal

Santhini Vs. Vijaya Venketesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Fami(y Courts Act 1984 - s.11 - Constitution of India - Art.139A(2) - Transfer Petition.
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Transfer Petition
Court	Supreme Court of India
Disposal Nature	Reference Answered
Headnote	Family Law - Matrimonial dispute - Video conferencing -Permissibly - In view of the scheme of the 1984 Act and inparticular s. ll, the hearing of matrimonial disputes may have to be conducted in camera - Once a settlement fails and if both the partiesgive consent that a witness can be examined in video conferencing,that can be allowed - That apart, when they give consent that it isnecessary in a specific factual matrix having regard to theconvenience of the parties, the Family Court may allow ·the prayer for video conferencing - That much of discretion can be conferredon the Family Court - Such a limited discretion will not run counterto the legislative intention that permeates the 1984 Act - However,as a safeguard, a joint application should be filed before the F amityCourt Judge, who shall take a decision - However, in a transferpetition, no direction can be issued for video conferencing - The Ediscretion has to rest with the Family Court to be exercised after thecourt arrives at a definite conclusion that the settlement is not possibleand both parties file a joint application or each party filing his/herconsent memorandum seeking hearing by video conferencing -These directions shall apply prospectively- Fami(y Courts Act, 1984- s.11 - Constitution of India - Art.139A(2) - Transfer Petition.(Dipak Misra, CJ! for himself and for A.M Khanwilkm; .!.)Family Courts Act, 1984 - s.11 - Jn camera proceedings -Importance of - Whether rights of woman would scuttle whenmatrimonial disputes are conducted through video conferencing -Held: The "constitutional identity", "freedom of choice", "dignityof a woman" and "affirmative rights conferred on woman by theConstitution" cannot be allowed to be abrogated even for a moment- s.11 of 1984 Act mandates the proceedings to be held in camera ifone of the parties so desires - Equality_of choice has been conferred by the statute - That apart, s.22 of the 1955 Act lays down theproceedings to be held in camera and any matter in relation to anysuch proceeding may not be printed or published except a judgementof the High Court or of the Supreme Court with the previouspermission of the Court - The expression of desire by the wife orthe husband is whittled down and smothered if the Court directsthat the proceedings shall be conducted through the use of videoconferencing - To say that if one party makes the request, theproceedings may be conducted by video conferencing mode, wouldbe contrary to the language employed under .d I of the 1984 Act -The said provision is in consonance with the constitutional provisionwhich confer affirmative rights on women that cannot be negativedby the Court- Hindu Marriage Act, 1955 - s.22. (Dipak Misra, CJ!for himself and for A.M. Khanwilka1; J.)
Judge	Honble Mr. Justice Dipak Misra
Neutral Citation	2017 INSC 1023
Petitioner	Santhini
Respondent	Vijaya Venketesh
SCR	[2017] 12 S.C.R. 557
Judgement Date	2017-10-09
Case Number	1278

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in