Santhini vs Vijaya Venketesh - Supreme Court Important Judgment

 Santhini vs Vijaya Venketesh - Supreme Court Important Judgment 2017 - 

 

On 9th October, 2017, in the case of Santhini v. Vijaya Venketesh [Transfer Petition (Civil) No.1278 of 2016], issues pertaining to transfer of matrimonial disputes and use of video conferencing in resolving family conflicts through settlement process were examined.


Per majority, it was held that (i) in view of the scheme of the Family Courts Act, 1984 and in particular Section 11, the hearing of matrimonial disputes may have to be conducted in camera; (ii) after the settlement fails and when a joint application is filed or both the parties file their respective consent memorandum for hearing of the case through videoconferencing before the concerned Family Court, it may exercise the discretion to allow the said prayer; (iii) after the settlement fails, if the Family Court feels it appropriate having regard to the facts and circumstances of the case that videoconferencing will sub-serve the cause of justice, it may so direct; and (iv) in a transfer petition, video conferencing cannot be directed. It was further held that these directions shall apply prospectively. 

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