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ragz hyder (PM)     01 November 2012

Nri appeal over video conferencing steps

I am an NRI seeking divorce from an unwilling girl. I am however working abroad for a company based abroad. It would not be feasible for me to travel on a monthly basis to appeal.

To @tajobs and others:

There was an article pointing to how this can be done in a family court. Can you please point me to that

It is detrimental to my job , earning and livelihood and the court would be putting my livelihood under danger by insisting on my physical presence. I can have a GPA holder but evidence over video should be considered good enough if I am willing to pay the costs that might arise for the court on this. There is also a Calcutta high court decision that upheld this. Can this be used in an AP Family court?

Can you please guide me on the steps?



Learning

 5 Replies

dr g balakrishnan (advocate/counsel supreme court)     01 November 2012

When Calcutta high court permits video conferance facility,naturally AP high court too may be allowing. After all when economy has opened up sonaturally every state government has to modify themselves accordingly by providing all such kinds of facilities like video conference in divorce matters with a ryder that the person comes on video need to addres the court from wherever he is or she is by making the local court to ask the necessary police station of jurisdction t take the responsibility to supervice the person as also to authenticate the genuineness of the person as today any kind of morphing is possible. Without doing necessary preliminaries opening up of economy itself is a uselless thought.

Even constitutional courts have to pass orders to relevant state governments, after all opening up of econo9my is to earn bread and butter and it is no luxury for one to go out of india to make a living and that basic objectives need to be understood by courts as also state governments as also great union of india and even supreme ourts. Else the very purpose of opening up just fails miserably.

Further you need to make a petitition to the relevant family ourt through your GPA or Advocate with your problems and request the court to make necessary arrangements for hearing his deposisition and naturally the relevant court will ask its jurisdictional superiors as to how to handle the matter..

that is the way and your petition has to explain the whole gamut of your problems, so that local lawyers are desisted from harassing you by various adjournments with connaivance of court clerks. 

I am sure the court will find a way by making your case kept in abeyance till the matter of video conferencing is made feaible.

Today advocacy is just harasing technic and it no way help any solutions by sensible ethical and moral advocacy. So all the more petitioner need to move the constitutional courts and people like you have to say that you all will be able to meet the prorata costs for video cinferencing methods and i am sure as courts are really rationalistic they will also help doing the needful. 

dr g balakrishnan (advocate/counsel supreme court)     01 November 2012

it is okay if you go for mediatin then the mediation is okay but if the mediatin faiils  then the matter reverts back to the court. when mediation is engineered in such a way then both need to accept then matter gets resolved. it all depends on the respodent or the petitioner

Never Give Up (Fighter)     01 November 2012

Find a link below,

https://www.indianexpress.com/news/surat-couple-gets-divorce-through-video-conference/939238

ragz hyder (PM)     01 November 2012

Thank you BalaKrishnan and Tajobs !!


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