Supreme Court disallows video conferencing in transfer petitions

The Supreme Court on Monday held that video-conferencing cannot be allowed in hearing and deciding transfer petitions dealing with matrimonial disputes as this would lessen chances of reconciliation between the parties. “The reconciliation requires presence of both the parties at the same place and the same time so as to be effectively conducted. The spatial distance will distance the possibility of reconciliation because the family court judge would not be in a position to interact with the parties in the manner as the law commands,” said a three-judge bench of the court in a 2:1 verdict. However “once a settlement (between the parties) fails and if both the parties give consent that a witness can be examined in video conferencing, that can be allowed”, Chief Justice of India Dipak Misra and Justice A M Khanwilkar said in their order. “After the settlement fails, if the family court feels it appropriate, having regard to the facts and circumstances of the case that video-conferencing will sub-serve the cause of justice, it may so direct,” the court said. It said that for this, both parties have to make a joint application.

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