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Physical Proceedings Not To Be Insisted In Pandemic

Physical proceedings not to be insisted in pandemic

  • Court: Hon’ble High Court of Delhi
  • Date: 22.01.21
  • Case No.: MAT.APP.(F.C.) 9/2021
  • Title: Mukesh More Vs Soni Kumari

Brief Facts:

  • Parties applied for mutual consent divorce. Statement of parties recorded by Hon’ble Family Judge via virtual hearing as per the guidelines issued by Family Judge Head Quarters, Dwarka, New Delhi. To read these guidelines, click here.
  • After virtual recording of statements, parties were issued summons to appear in the court for physical verification of documents and the wife residing in Delhi appeared before the Hon’ble Family Judge for physical verification of documents.
  • The husband residing outside of Delhi could not appear physically and preferred an application for exemption of physical appearance. The Hon’ble Family Judge dismissed the said application and insisted for physical verification of documents even during the pandemic. The husband preferred an appeal before the Hon’ble Delhi High Court.

Hon’ble Delhi High Court held that:

  • We are of the view that the learned Principal Judge ought to have allowed the appellant/husband to verify the documents through video conferencing, especially when both his counsel as also the respondent/wife were physically present in Court.
  • We, therefore, dispose of this appeal, inter alia, in exercise of our jurisdiction under Article 227 of the Constitution of India, with a direction to the Principal Judge, Family Court, Central Distt., Tis Hazari to deal with the petition preferred by the parties in HMA No.473/2020 in terms of the procedures laid down by the Principal Judge, Family Court (Headquarters), Dwarka, Delhi on 01.05.2020 (Annexure-A2).

To view the complete order, click here.

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