• Video conferencing denied by court, reserved by high court

I am living abroad,I have filed a divorce on bases of cruelty.
after serving summons, wife put complaint of 498a, FIR registered after 4 months.i havn't applied for bail as i do not want to come back to india.
MY lawyer requested to get my statement via VIdeo Conferencing. Judge have rejected the appeal, saying it will be misuse of law as 498a registered against me and i am not coming back to india, 
we move to high court, decision is Reserved.
questions are :
1. any max time limit for Reserved decisions in High court ?
2. in case High court denied relief, should i move to Supreme court ?
3. how long it could take in supreme court ?
4. any other relief ?
Asked 6 years ago in Family Law
Religion: Sikh

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15 Answers

So far as the exact time period for which judgment is reserved by any High Court , it is to be noted that it isexpected that Hon High Court pronounces the judgment within a reasonable period of three months from the date on which it is reserved for judgment

 

2) you can file petition in SC if HC denies you reliefs 

 

3) in SC it may take  a year or so at least 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

1. Which statement are you referring to? Has the prosecution evidence concluded and the case is now set down for recording of your statement?

2. By no method of interpretation your statement before IO can be recorded through video conferencing unless you are able to show that you are physically incapacitated and cannot come to India.

3. If the HC also dismisses your petition then chances of getting relief from Supreme Court will be negligible.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) The HC judgment within a reasonable period of three months from the date on which it is reserved for judgment.

 

2) No, the same decision will be retain because. Here in your case 498a yet to be proved. If it's proved and you didn't return to India the government has waste lots of energy behind you.

Better you can convince opposite party lawyer to allow video conferencing as it's acceptable by evidence act for digital proofs and video conferencing.

 

3) Try to solve problem in HC.

 

4) Relief will be find in evidence act read with specific performance.


In June 2016, the Delhi High Court came up with the “Guidelines for the Conduct of Court Proceedings between Courts and remote sites" with respect to video conferencing laying down the following directions:

  • There must be two points of communication.
  • There must be coordinators at both points i.e in the courtroom and the remote location. If the person examined to be is in hospital, the Medical Superintendent or any officer in charge deputed by him must be the coordinator. 
  • A desktop/laptop with the video camera, microphones, speakers, internet connectivity and printer are required.
  • The cost of video conferencing is to be paid by the parties that have requested for it.

The key factor of opting for video conferencing is that it should be used for delivering justice and shouldn’t cause any kind of inconvenience to the witnesses. The use of video conferencing is perceived as justice in form of digitalization. It should be employed as an alternative when there is the apprehension of justice delayed or denied, and to reduce the courts’ burden. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. As such there it us expected in case decision is reserved court pronounce judgement in 3 months once decision is reserved though court may take a longer time.

2. See you can file before the SC though you can discuss merits of case based on decision if HC.

3. The case may take some time in SC in case same is admitted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no time limit but courts pronounce judgements which are less complex in a short period and vice versa.

Yes you can and should go to the supreme court.

These are thevonly reliefs available in law.

May take around 1 or 2 months.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.  There is no such maximum time or minimum time for the high court to deliver the judgment, it will be delivered as and when the high court would look into.

2. You can

3. Time taken by supreme court also cannot be predicted owing to various factors governing the situation. 

4. You may be in touch with your advocate regularly

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. There is no maximum time as to when the High Court would pass the decision. If after one month no judgement is passed then  you can mention the matter to the high court.

2. Yes, you can.

3. No time limit can be predicted in any court.

4.  Pursue this issue till the apex court. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

No, but order will deliver in 6 to 10 days or less.

Have to file appeal in DB. 2nd appeal.

SC is suffused with cases, may take time. Better apply for anticipatory bail. And more chances to permit video conference. Otherwise will declare abscoder.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. There is no time limit fixed for reserving decision by the High Court. In any way it does not take a long time.

 

2. You can of course approach the Apex court.

 

3. No specific time can be foretold in this regard though it does not take a long time. Getting the matter listed for hearing is the main job.

 

4.  Recently in Kolkata, its Police commissioner Mr. Rajib Kumar was absconding to avoid arrest by the CBI when his wife had signed his  AB petition before the High court which was admitted and he got his bail. In the instant case also your near relative can sign your AB or other petition/appeal citing the said Rajib Kumar case in Kolkata. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Soon it will get delivered. No such prescribed time limit

2. You can

3. It depends on roaster but you can show the urgency

4. Not as such

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Ans. 1:- There is no specified time limit for reserved orders in the High Court, it depends upon each judge passing the order. Once the order is passed the stenographer has to type the same, get it checked by the judge again and then finally upload the same.

2. yes, you can move the Supreme Court, but since the case is filed under section 498A and also the FIR is registered, there are high possibilities that the prayer for video conferencing may again get rejected.

3.Again depends upon the roaster as to which judge is having the assignment and court vacations.

4. personal appearance before the Court.  

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

1. No there is no such time limit for announcing the reserved judgement by High court.

2. No benefit would be served by going to supreme if relief is denied by High court. 

3. No time limit. 

4. You should apply for anticipatory bail from session court if relief is denied by High court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can file petition in Supreme Court. 

In a judgment by a Supreme Court bench comprising of J. A.K. Sikri and J. Ashok Bhushan observed that video-conferencing can be used as a method of disposing testimony.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- 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. This order 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. 

1. There is no time limitation for the same, but generally it takes 7 to one months. 

2. Yes, 

3. It depends on roaster,  but you can move an urgent application in case of urgency

4. You can move your application for anticipatory bail without coming to India as well , through your relative in India on your behalf . 

- Getting bail in 498A is not very serious issue now. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The Hon'ble judge who has heard the matter should pronounce the judgement as soon as possible before the Hon'ble judge lose track of the arguments. In case the judgment is not pronounced you may ask your advocate to mention the matter for pronouncement of the judgement. Hon'ble High Court pronounces the judgment within a reasonable period of three months from the date on which it is reserved for judgment. 

The Hon'ble Supreme Court in case of Jt.Commr.Of Income Tax,Surat vs Saheli Leasing & Industries Ltd, observed in Para 5 (f) that after arguments are concluded, an endeavour should be made to pronounce the judgment at the earliest and in any case not beyond a period of three months. Keeping it pending for long time, sends a wrong signal to the litigants and the society.

So far as the time taken by Hon'ble Supreme Court is concerned the matter of this nature are disposed of in 2-3 hearings within 6 months or may even earlier. 

You may contact my secretary to connect with me for clarification.

Gopal Verma,
Advocate-on-Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

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