Mediation via video conferencing is permissible
your physical presence is not necessary
virtual presence through Skype is sufficient
court can permit mediation via Skype
Hi learned counsels I am defending 498a/125 in Jharkhand while I am in Delhi. Next date is for mediation, and as we all know very well the opp party will not appear just to harass me and burn my hard earned cash. Now, can we do the mediation via video conferencing? If yes, Please direct me to relevant rules to support the same. If not, how can I convince court to allow me video conferencing? Thanks
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Mediation via video conferencing is permissible
your physical presence is not necessary
virtual presence through Skype is sufficient
court can permit mediation via Skype
Yes you can appear via video conferencing and an application has to be filed for the same. The necessity for video conferencing has to be explained to the judge. Engage a lawyer in delhi who can file an application under the evidence act.
Regards
Mediation through video conference when either the husband or the wife is unable to attend is Permissible.
Mediation by way of video conference is not permissible as yet.
However if you wish you can refuse to participate in the mediation proceeding anymore whereby the mediation would fail.
If your wife has no income then you can not avoid her maintenance under no circumstances and the quantum of maintenance would be not less than 1/4th of your income.
- Yes, you can we do the mediation via video conferencing.
- Supreme Court has ordered lower courts to use modern technology such as video conferencing in divorce cases where both parties are residing in different cities. Thisorder will help the litigants and one partner will not have to spend more on litigation.
- The directions from justices AK Goel and UU Lalit came on a transfer plea filed by a woman in a matrimonial dispute on the ground that she lives in Hyderabad with her minor daughter and has to travel to Jabalpur where her estranged husband has filed a divorce case.
- Hence, you should give the above rules of the Supreme Court , for allowing the same.
Good luck and dont forget to rating Positively.
No there is no rule for mediation through video conferencing.
You have to file writ before High court for permission of video conferencing for mediation.
1. Your lawyer can file an application praying for Video Conferencing for the said mediation.
2. Such Video Conference will be allowed provided the said Court has the appropriate infrastructure for conducting Video Conference.
See you need to file an application before the court if court permit then only you can go for video conferencing though in mediation rarely video conferencing is allowed.
You can file a memo before the judicial magistrate court seeking mediation through video conferencing arrangement for the reasons that you reside very far and will not be able to visit the mediation session frequently due to financial and practical hardships.
The court may or may not consider your request but you are not restricted from filing a petition to this effect. There is no particular provision in law for this facility.
Dear Sir,
Lower courts to use video conferencing to hear divorce, custody cases
The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.
Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.
Typically, the woman’s choice is given a priority and the case moved to the place where she lives.
But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.
“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.
It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.
“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.
Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.
The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.
The case was filed in Jabalpur where her estranged husband resided.
The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.
If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.
Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.
Thanks everyone. Now, that I have submitted written statement already in last date adding about the capability of the opposite party in 125. Got to know from my lawyer, the other party is not receiving their copy formally. What could be the possible reasons ? They have a lawyer in their family.
If the opposite party is refusing to receive the copy of the petition then you may ask your advocate to file the copy along with the petition to the court directly mentioning that the opposite party is refusing to take notice.
The court will accept the petition without giving notice to the opposite party also.
see.they might do same to delay the matter also you can keep copy in court so court may order to take same.
1. It is of no practical use in refusing to receive the copy of the W.S.
2. Your Advocate can keep the same with records duly mentioning in the original W.S. submitted before the Court that the Ld. Advocate is not found in the Court. His copy os kept with the records.
3. Alternatively, the copy of the W.S. can be sent by post to her address or the address of her Advocate by speed post keeping the postal receipt and collecting the track record of delivery from the net after few days.