Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1262 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No. 498 of 2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Harsh Taneja, learned counsel for the petitioner.
2. Mr. Pradeep Joshi, learned counsel for respondent no. 1.
3. Petitioner is challenging the order dated 26.09.2024 passed by learned Judge, Family Court, Kashipur, District Udham Singh Nagar in Family Suit No. 307 of
2023. By the said
order, petitioner’s application, seeking permission to submit evidence through Video Conference, was rejected.
4. After arguing for a while, learned counsel for the petitioner submits that High Court of Uttarakhand has framed
“High Court of Uttarakhand Video Conferencing Rules-2020”, which were notified on 10.12.2020, which provides for use of Video Conferencing Facility by the litigants. He submits that the provisions contained in the said Rules were overlooked by learned Judge, Family Court.
5. Mr. Pradeep Joshi, learned counsel appearing for respondent no. 1, however, submits that from perusal of impugned
order, it appears that petitioner had not brought the aforesaid Rules to the notice of the Family Court, which has resulted in dismissal of his application.
6.
Learned counsel for the petitioner then submits that he may be permitted to withdraw this writ petition with liberty to move an application, as per provisions
2025:UHC:1262 of “High Court of Uttarakhand Video Conferencing Rules-2020” and the Judge, Family Court be directed to take decision on the said application within some specified time frame.
7. Accordingly, the writ petition is
disposed of, as withdrawn, with liberty to petitioner to move an application before the Judge, Family Court seeking permission to participate in the proceedings through Video Conferencing. Learned Judge, Family Court shall decide the said application untrammelled by any observation made in the impugned order. If petitioner moves such application within three weeks from today, learned Judge, Family Court, Kashipur, District Udham Singh Nagar shall take decision thereupon within three weeks from the date of receipt of such application.
(Manoj Kumar Tiwari, J)
21.02.2025 Aswal