• Mediation via video conferencing

Hi learned counsels

I am defending 498a/125 in Jharkhand while I am in Delhi. Next date is for mediation, and as we all know very well the opp party will not appear just to harass me and burn my hard earned cash. 

Now, can we do the mediation via video conferencing? If yes, Please direct me to relevant rules to support the same.
If not, how can I convince court to allow me video conferencing?

Thanks
Asked 6 years ago in Family Law
Religion: Hindu

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18 Answers

Mediation via video conferencing is permissible 

 

your physical presence is not necessary 

 

virtual presence through Skype is sufficient 

 

court can permit mediation via Skype 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you can appear via video conferencing and an application has to be filed for the same. The necessity for video conferencing has to be explained to the judge. Engage a lawyer in delhi who can file an application under the evidence act.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Mediation through video conference when either the husband or the wife is unable to attend is Permissible. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Mediation by way of video conference is not permissible as yet.

However if you wish you can refuse to participate in the mediation proceeding anymore whereby the mediation would fail.

If your wife has no income then you can not avoid her maintenance under no circumstances and the quantum of maintenance would be not less than 1/4th of your income.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

- Yes, you can we do the mediation via video conferencing.

- Supreme Court has ordered lower courts to use modern technology such as video conferencing in divorce cases where both parties are residing in different cities. Thisorder will help the litigants and one partner will not have to spend more on litigation.

- The directions from justices AK Goel and UU Lalit 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.

- Hence, you should give the above rules of the Supreme Court , for  allowing the same. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No there is no rule for mediation through video conferencing.

You have to file writ before High court for permission of video conferencing for mediation. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Your lawyer can file an application praying for Video Conferencing for the said mediation.

 

2. Such Video Conference will be allowed provided the said Court has the appropriate infrastructure for conducting Video Conference. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

See you need to file an application before the court if court permit then only you can go for video conferencing though in mediation rarely video conferencing is allowed. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a memo before the judicial magistrate court seeking mediation through video conferencing arrangement for the reasons that you reside very far and will not be able to visit the mediation session frequently due to financial and practical hardships.

The court may or may not consider your request but you are not restricted from filing a petition to this effect. There is no particular provision in law for this facility.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can file an application for the same but if rejected you need to go under writ petition in HC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can decline mediation required, it is voluntary and not mandatory.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

Lower courts to use video conferencing to hear divorce, custody cases

The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.

Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.

Typically, the woman’s choice is given a priority and the case moved to the place where she lives.

But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.

“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.

It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.

“We are thus of the view that it is necessary to issue certain directions which may provide alternatives 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.

Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.

The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.

The case was filed in Jabalpur where her estranged husband resided.

The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.

If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.

Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Send reply by registered post Ad 

 

2) refusal to accept service is proper service 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If the opposite party is refusing to receive the copy of the petition then you may ask your advocate to file the copy along with the petition to the court directly mentioning that the opposite party is refusing to take notice.

The court will accept the petition without giving notice to the opposite party also.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

send reply through registered a.d or through a Courier. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

see.they might do same to delay the matter also you can keep copy in court so court may order to take same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It is of no practical use in refusing to receive the copy of the W.S.

 

2. Your Advocate can keep the same with records duly mentioning in the original W.S. submitted before the Court that the Ld. Advocate is not found in the Court. His copy os kept with the records.

 

3. Alternatively, the copy of the W.S. can be sent by post to her address or the address of her Advocate by speed post keeping the postal receipt and collecting the track record of delivery from the net after few days.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Copy will submit in court along with WS, now up to them to receive or not.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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