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On Thursday The High Court of Delhi issued a notice in a petition seeking directions to expand the functioning of the Family Courts and to allow Family Courts to the record the of evidence through videoconferencing during the COVID-19 pandemic.
Delhi High Court Division of Justice Rajiv Sahai Endlaw and Asha Menon, which conducted the hearing via videoconferencing, issued notices to the administrative side of the Delhi High Court, the Delhi Government, the Family Courts (headquarters) and the various District Court Bar Associations, through the Coordination Committee of All District Courts Bar Associations, seeking their suggestions on the matter.
The bench said,
"We can mention that the" Video Conferencing Guidelines issued by the High Court of Delhi: Guidelines for the conduct of Court proceedings between Courts and Remote Sites "already appear to be wide enough to take care of the situation as a result of Covid-19. Even if it is appropriate to add the same to the petition, taking into account the prevalent times, the said aspect can be considered in this petition,"
The order has come in a petition is filed by the man in the form of a Public interest litigation (PIL) which sought the dissolution of the marriage on the basis of cruelty and the recording of evidence in the proceedings was held in the wake of the national closure of COVID-19.
As the functioning of the court from the physical courtrooms has come to a standstill, he thus moved the High Court pursuant to Article 226 of the Constitution of India. The petitioner also made it clear that he did not challenge the existing circulars and notifications on the functioning of the Family Courts and that he wished to supplement them.
Given the condition of the petitioner's wife that she was not prepared to record evidence on a virtual basis, the Court observes that
"The man's counsel, perhaps expecting this situation, also provided the petition with the color of the PIL and sought guidance from all the Family Courts to require the recording of evidence on video conferencing during the pandemic"
The Court further observed,
We appreciate the efforts of Mr. Ankur Mahindro, the Advocate, who has taken a positive step as a member of the Bar, as is also required of the members of the Bar, to explore the possibilities of a better and more effective functioning of the Courts despite a large number of prevalent constraints and, in addition to the initiative of the Courts of Justice.
Advocates Ankur Mahindro, Ankush Satija, Sanjoli Mehrotra appeared for the Petitioner.
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