Supreme Court makes an exception, directs UP Family Court to hold hearing in a matrimonial case through video conference

The Supreme Court of India on Friday directed that trial in a matrimonial dispute be held through video conference in view of the COVID-19 pandemic. .A Bench headed by Chief Justice of India, SA Bobde carved out an exception in this regard to the general principle laid down by the Supreme Court in the Santhini v. Vijaya Venkatesh in which the top court had ruled that video conferencing cannot be mandated in matrimonial proceedings. ."In the normal course we would not have directed video conferencing in respect of matrimonial matters as per the judgment of this Court mentioned above. However, in the present situation where all proceedings are conducted through video conferencing, we direct the Family Court, District Gautambudh Nagar, UP to conduct the trial through video conferencing," the Court said..The petitioner wife had first filed a transfer petition before the Supreme Court in 2016 seeking transfer of the case from Principal Judge, Family Court, Gautambudh Nagar to Saket Family Court. .However, her transfer plea was dismissed "taking into account the fact that no serious inconvenience will be caused to the Petitioner for travelling between Gautambudh Nagar, U.P. to Saket, New Delhi.".While dismissing the Transfer Petition, Supreme Court had directed the trial to be conducted at Gautambudh Nagar, Family Court through video conference..The petitioner again moved the Supreme Court through a review petition stating that there is no video conference facility in the Uttar Pradesh Court. .It was further submitted that video conference was not permissible in matrimonial matters as per the Supreme Court judgment in Santhini vs. Vijaya Venketesh..The bench of CJI SA Bobde, L Nageswara Rao and Vineet Saran while dismissing the review plea directed the UP Court to conduct the proceedings through video conference owing to the COVID-19 pandemic.."Due to the ongoing pandemic, physical functioning of the Courts has been stopped since March, 2020. Proceedings in all Courts are being conducted only through video conferencing," the Court noted..[Read judgment]