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Neutral Citation No. - 2025:AHC:137254 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8582 of 2025 Petitioner :- Harpreet Singh Respondent :- Varinder Kaur Bhatti Counsel for Petitioner :- Birendra Pratap Yadav,Krishna Kant Yadav Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed for the following relief:
"(a) Issue an appropriate order or direction directing to learned Principal Judge Family Court, Rampur to exempt the defendant/petitioner for personal appearance on 06.08.2025 and permitted to the defendant/petitioner to through video conferencing in proceeding of Hindu Marriage Petition No.140 of 2024 (Varinder Kaur Bhatti Vs. Harpreet Singh) filed under section 13-B of Hindu Marriage Act pending in the court of Principal Judge Family Court, Rampur. (b) Issue an appropriate order or direction directing to the Principal Judge Family Court, Rampur to decide the application dated 02.07.2025 filed by the Attorney holder namely Sukhvindar Singh alias Sovinder Singh on behalf of defendant/petitioner in H.M.P No.140 of 2024 for granting permission to appear defendant/petitioner through video conferencing from his working place Bahnho Fstrabe 2115806 Zossen (Berlin) Germany as on fixed date by Principal Judge Family Court, Rampur. (c). Issue any other, order of direction, which this Hon'ble court may deem fit and proper in the circumstances of the case. (d). Award the costs of the petition to the petitioner."
3. Brief facts of the case are that the petitioner and the respondent are husband and wife. Both the petitioner and respondent filed an application under Section 13-B of Hindu Marriage Act for divorce by mutual consent which was registered as Marriage Petition No. 140 of 2024 (Varinder Kaur Bhatti Vs. Harpreet Singh). The Principal Judge, Family Court, Rampur by order dated 11.03.2024 granted six months time to both the parties to reconsider their decision of divorce and fixed 12.09.2024, as the next date. After filing of the petition, the petitioner has to go in connection with his job to Germany and it was not possible for the petitioner to attend the court and therefore, he executed a special power of attorney in
favour of his father namely Sukhvinder Singh to do pairvy in the case. The power of attorney holder of the petitioner moved an application dated 02.07.2025 before the Principal Judge, Family Court, Rampur for permitting the petitioner to attend the proceedings through video conferencing.
The Principal Judge, Family Court, Rampur did not pass any order on the application dated 02.07.2025 and by order dated 17.07.2025, directed the petitioner to appear in person fixing 06.08.2025. Since the petitioner is working in Germany, it is not possible for him to appear in person before the court. 4. This petition has been filed for a direction to the Principal Judge, Family Court, Rampur to exempt the personal presence of the petitioner and permit the petitioner to appear though video conferencing. It has been further prayed that direction be issued to the Principal Judge, Family Court, Rampur to decide the application dated 02.07.2025 filed by the petitioner for granting permission to appear through video conferencing. 5. In this regard, learned counsel for the petitioner relied upon the observation made by the Supreme Court in case of Amardeep v. Harveen Kaur, (2017) 8 SCC 746 wherein para no. 21, it has been held by Supreme Court that in conducting the proceedings under Section 13-B of the Hindu Marriage Act, the court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents and siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice. 6. Learned counsel for the petitioner further relied upon the
judgment of Division Bench of this Court in case of Smt. Monica Saravanan v. R. Sarwanan passed in First Appeal No. 43 of 2023, decided on 23.01.2023, wherein this Court has observed that the appellant in such proceedings can appear through video conferencing in the event, his or her, appearance is required for cross-examination or for any other purposes as directed by the Court.
7. In view of the law laid down above, I am of the view that since the petitioner has shifted to Germany in connection with his employment, there is no impediment that the petitioner may be permitted to appear in court through video conferencing, in case, there is such requirement during progress of the case.
8. Accordingly, the petition is allowed.
9. The Principal Judge, Family Court, Rampur is directed not to insist for personal appearance for conducting the proceedings of Marriage Petition No. 140 of 2024 (Varinder Kaur Bhatti Vs. Harpreet Singh), and in case, there a requirement of the presence of the petitioner, he may be permitted to appear through video conferencing.
Order Date :- 7.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad