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1 - 9 of 9 (1.22 seconds)Section 10A in Indian Divorce Act, 1869 [Entire Act]
Section 13B in The Hindu Marriage Act, 1955 [Entire Act]
Article 227 in Constitution of India [Constitution]
The Indian Penal Code, 1860
The Family Courts Act, 1984
Sudha Ramalingam vs Registrar General on 15 April, 2014
6. Evaluated on the basis of the above quoted
decisions, circumstances prevailing in the case at hand
would reveal that, the joint application was filed much
earlier and the statutory waiting period had expired long
back. Insisting upon the parties to have counselling
together at this stage, cannot be termed as a procedure
which is strictly mandatory. However, we notice that the
interim application in which the impugned order was issued
by the Family Court is one seeking permission to have the
counselling done through 'video conferencing'. Learned
OP (FC) No.401/2015 -9-
counsel had drawn out attention to a decision of the High
Court of Madras in Sudha Ramalingam V. Registrar
General and others (2015) 1 MLJ 540. It is held therein
that a discretion is vested with the Family Court itself to
record evidence through 'video conferencing' especially
because of the fact that Section 10 (3) of the Family Courts
Act empowers the Family Court to lay down its own
procedure to arrive at a settlement or to get the truth of the
matter.
Mr. Mukesh Narayan Shinde vs Mrs. Palak Mukesh Shinde on 28 March, 2012
So also in a decision of the Bombay High Court in
Mukesh Narayan Shinde V. Palak Mukesh Shinde
Nee Palak D. Patel (2012 (3) ALL MR 521) a direction
was issued to the Family Court to arrange a 'video
conference' of the Marriage Counsellor with the
respondent/wife in the court premises, with the help of a
Computer/ Laptop or by using a Webcam. Learned counsel
had also pointed out a decision rendered by this court in
W.P (c) No.7400/2008 (judgment dated 04-12-2008)
directing recording of evidence of a witness in a civil case
through 'video conferencing' by appointing an Advocate
OP (FC) No.401/2015 -10-
Commission.
Saji T.Varghese vs State Of Kerala on 22 February, 2010
In the decision of this court in Saji T. Vargheese
V. State of Kerala (2010 (3) KLT 804) it was held that,
OP (FC) No.401/2015 -5-
personal appearance of the spouses in joint applications for
dissolution of marriage by mutual consent need not
unnecessarily be insisted at the stage of its second motion,
on the expiry of the waiting period. It is held that the
parties can make the second motion through their counsel
by submitting chief affidavits in order to state their case on
oath before the court. In the said case this court further
observed that, a ritualistic insistence for personal presence
of the parties for conciliation/counselling need not be made
by the court in a joint application for divorce filed on the
basis of mutual consent, if the court is otherwise satisfied
about genuineness of the application.
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