Dasam Vijay Rama Rao v. M. Sai Sri
AIR 2015 Hyd 191
In the High Court of Telangana
Civil Revision Petition No. 1621 of 2015
Before Justice Nooty Ramamohana Rao
Decided on June 17, 2015
Relevancy of the case: Recording of statement through Skype in divorce cases.
Statutes & Provisions Involved
- The Information Technology Act, 2000 (Section 4)
- The Hindu Marriage Act, 1955 (Section 13B)
- The Family Courts Act, 1984 (Section 14, 15, 16)
- The Indian Evidence Act, 1872 (Section 65A, 65B)
- The Powers of Attorney Act, 1882 (Section 2)
Relevant Facts of the Case
- The petitioner, in this case, is the husband and the respondent is his wife.
- They are both Hindus by religion and faith and got married as per Hindu rites and customs.
- Certain differences have cropped up between them which could not be reconciled in spite of the best efforts made by them, their friends, well-wishers and elders of the families of both.
- Their marriage has broken down irretrievably and hence, both of them have taken a decision and agreed to have the marriage dissolved by mutual consent.
- The wife has been attending the proceedings regularly but since the husband is stationed outside India, it has become impossible for him to attend the hearings by being physically present.
- He, however, constituted his father as an attorney to pursue proceedings in India. Family Court rejected it as not maintainable.
- Therefore, an interlocutory application was filed on behalf of the husband for participating in court proceedings through his father.
- The question, in this case, arises whether the husband’s statement could be recorded through Skype?
Opinion of the Bench
- Technology, particularly, in the Information sector has improved by leaps and bounds.
- Courts in India are also making efforts to put to use the technologies available. Skype is one such facility which is easily available.
- Therefore, the family courts are justified in seeking the assistance of any practising lawyer to provide the necessary Skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device.
- By using Skype technology, parties who are staying abroad can not only be identified by the family court but also enquired about the free will and consent of such party.
- This will enable the litigation costs to be reduced greatly and will also save precious time of the court. Further, the other party available in the court can also help the court in not only identifying the other party but would be able to ascertain the required information.
- The Family Court shall direct any such legal practitioner chosen by the petitioner to make available the Skype facility for the Court to interact with the petitioner who is staying at Melbourne, Australia and record the consent and proceed with the matter thereafter as expeditiously as is possible.