• Deposition via videoconferencing in Mutual Consent Divorce cases

For the second motion and the award of degree of divorce in mutual consent cases, do courts accept deposition via videconferencing? In particular, I am interested in knowing:
1. Whether it is up to the discretion of the court or it is well-established practice to accept deposition via videoconferencing.
2. Whether courts accept Skype over laptop/mobile provided by lawyer at family courts where videoconferencing facility is not available. 

Please provide citations wherever possible.

So far, I have just found two and they are not conclusive 

Bombay High Court
Mr. Mukesh Narayan Shinde vs Mrs. Palak Mukesh Shinde on 28 March, 2012 wp-2521.12
https://indiankanoon.org/doc/25195214/
Though the physical presence is not possible, the Court can accept and rely on the virtual presence of the parties for verification and confirmation of the mutual consent.
the learned Judge of the Family Court shall verify and record on-line consent with the help of webcam and laptop/computer.

Andhra High Court
Dasam Vijay Rama Rao vs M.Sai Sri on 17 June, 2015 C.R.P.No.1621 of 2015
https://indiankanoon.org/doc/123683887/
if one of the parties, like in the present case, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court can entertain, unhesitatingly any such move/application. 
Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to pre- occupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. Skype is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device.
Asked 3 months ago in Family Law from Singapore
Religion: Hindu
1)  is well-established practice to accept deposition via video conferencing.at least in Bombay 

2) family court  accept skype over laptop provided by lawyer 

3) in 2 of my recent cases my client is staying abroad

4) court has accepted deposition via skype over laptop  for confirmation of the mutual consent 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
article in hindu 2nd December 2014 

The Madras High Court’s prior permission is not required to record evidence through video-conference by Family Courts as the discretion was vested with the latter to use the facility, the court has said.

The First Bench, comprising Chief Justice S.K. Kaul and Justice M. Sathyanarayanan, passed the order on a public interest litigation petition by Sudha Ramalingam, an advocate.

The petitioner sought a direction to the court Registrar-General and the State Law Secretary to frame viable rules for appearance of parties through their power of attorneys and video-conference before the Family Courts in the State.

The petitioner said people who lived outside the State or country due to their avocation or other purposes, appeared through power of attorney or video-conference as they could not attend the Family courts in person.

Of late, the Family Courts were reluctant to allow appearance through power holders and also record evidence through video-conference. They expressed their reluctance because the High Court did not permit video-conference appearance due to impersonation in a couple of cases. The judges were not permitting video-conferencing even for cases where parties were seeking divorce by mutual consent. Thus a fair trial process was being denied.

The Bench said the High Court had already observed that there was no legal impediment to grant permission for parties to be represented by power holders, especially when they were residing abroad and having children to look after.

As regards video-conferencing, the High Court had not issued any circular that prior permission should be obtained through the Registrar-General for using the facility. Besides, a Family Court was empowered to lay down its own procedure and arrive at a settlement or to get at the truth of the matter. This being so, it was not possible to issue any general direction in the matter, the Bench said and disposed of the petition.
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. Deposition in and within the personal sight of the court is the norm, whereas to allow one to do so through video conferencing is an exception. The courts do not allow anybody to depose through video conferencing except if he is physically incapacitated to come to the court. 

2. The citation of Andhra HC is an exceptional judgment which ignores the law laid down by the Supreme Court in earlier cases. Hence, it may not be followed by the courts in Andhra, let alone courts in other parts of India.

3. You have to come to the court to depose.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
In absence of any firm decision from the supreme court , the courts in other states does not follow these decisions as those are not binding on them.
So you can say that in other states online recording of statements for mutual divorce is not accepted as yet.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
In India, the provision for in camera proceedings are given in S. 11 of theFCA, 1984 so that there is no ambiguity to prevent the parties from seeking video conferencing option in Family Courts. O 32 / R 2 CPC, 1908 also allows for proceedings to be held in camera.Though the physical presence is not possible, the Court can accept and rely on the virtual presence of the parties for verification and confirmation of the mutual consent.Despite the practical and infrastructural difficulties of arranging a video conference connecting people in different time zones, the courts have shown a willingness to schedule hearings to accommodate the unusual timings.

if one of the parties, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court can entertain, unhesitatingly any such move/application. So file an application for the same through counsel 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi,
1. it is the discretion of the court to agree for a video conferencing, it is not a common practice for ones  choice.
2.Yes video conferencing is allowed with the permission of the court.
3. it is the discretion of the court ,most often when a party convince the court, the courts agree to it.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
You have misunderstood and are thus misinterpreting the law. You have confused and confounded two concepts here. There is a difference between deposition through power of attorney and through video conferencing, which you should be aware of if you are a lawyer into active trial practice. Dont make assumptions if you do not have clarity on a concept. Be that as it may, you are free to print the judgments that you have extracted and carry them to court to tell the judge to allow you to depose through skype. I leave it now to your fine wisdom and sense of fairness to decide who is a con-artist, moron or ignorant.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) there is no such law laid down by SC that physical presence of party is required . there is no impediment for POA holder to appear on behalf of party in mutual consent divorce cases

2) party can convey its consent through video conferencing    
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
) there is no such law laid down by SC that physical presence of party is required . there is no impediment for POA holder to appear on behalf of party in mutual consent divorce cases

2) party can convey its consent through video conferencing
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
I am not here to find citations for you. If you want one, do a google search. The lawyers who come here spend a limited time here, so it is naive on your part to expect me or anyone to find citations for you. These idioms like "beat around the bush" that you people use will not help you in the courts. Read the citations again if you think they are on video conferencing. I was the counsel in one. I do not claim or disclaim anything. Whatever I had to say I have said it. Courtroom reality is more than quaint aphorism, so act mature.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
i do agree that when any querist raises a question as lawyers we have to substantiate our answers with valid reasoning and if possible judgments applicable to facts and circumstance of the case
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Who talks out of his ass is clear from the multiple threads which you have created on this issue. You are clearly looking out for that one comforting answer which you haven't thus far got from anyone. Give your ass some pain if you want more citations. Crapheads who lean in favour of comforting but untrue and impracticable over true but discomforting answers get screwed when they get a reality check in the court, so you should wait for that day if you are going to allow status quo on your legal acumen to continue. Here is somebody who does not know, and bears a gard of laconic autocracy in tandem when an attempt is made to educate him, about the difference between two basic legal concepts. So keep making your parents proud of having brought you in existence. 

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Further may I add, if you have been able to find so many judgments which you think permit you to do what you have been asking us here, there is no purpose wasting your time and money here. You should print those judgments and carry them to the court to throw those at the judge when my lord asks your goodself about citations in support. The judge can overrule any one of us. If my lord rules against you, your goodself may tell him "Stupendous Justiceship Your Honour...Your parents must be so proud"  

Do not forget to tap terrible.. :D
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) when parties cannot remain present because of practical difficulties such as lack of leave at work, “there is no illegality to solve such difficulty by adopting novel and available ways.”

2)  The courts have  allowed the parties to use technology such as webcam to solve the problem.


3) “Though physical presence is not possible, the court can rely on the virtual presence of the parties for verification and confirmation of the mutual consent,” 

4)  The courts have consistently held  that even marriage counselling could be facilitated “by a virtual presence.”
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. Whether it is up to the discretion of the court or it is well-established practice to accept deposition via videoconferencing.

In general, if one of the petitioners is opting for video conferencing evidence deposition, and undertakes to bear the expenses, his counsel may petition the court for permitting the party to depose evidence accordingly per court convenient time and date.  The has been permitted and provisions has been made in law for this facility.



2. Whether courts accept Skype over laptop/mobile provided by lawyer at family courts where videoconferencing facility is not available. 

The citations what you have mentioned itself contains the permission for such facility as sought for. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
In other words, you were talking out of your ass and have nothing to back up your assertion. Stupendous lawyering - your parents must be proud.

Also, the people who ask questions here are paying to ask those questions. Nobody is forcing you to reply to any of the questions, but if you do reply then it is incumbent upon you to completely answer the question and it is the least you can do. Nobody cares about your personal opinions regarding the definition of "mature" so keep that to yourself.

Derogatory remarks about a lawyer over his opinions or suggestions that too in such bad language is condemned.  Please mind your language when you address learned advocates. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0