Dear Concerned 

Depending which court matter is related to, online appearance is possible, you need to file an application through your local counsel. 

Best of Luck 

1) you can request family court to all your participation through video conferencing 

2) courts can permit recording of evidence though VC 

3) in fact Bombay HC has recently framed guidelines for recording of evidence by VC 

Yes but the participation should be active through a lawyer

In every Indian States High Courts have laid down rules for appearance of parties residing abroad. If the  State in which  case is pending is known, exact procedure  can bd advised. It is your right  to appear virtually in Indian Court. You don’t need any excuses for that, residing abroad is sufficient to seek appearance through video conference for all procedures of  Court.

1. Yes, considering the restraint order you can apply for participation through video conferencing. 

2. If the US court passed the restraint order after the order of anti suit injunction passed by the court in India then you can consider taking the child with you to travel to India. 

Your case involves intricate legal challenges across jurisdictions, but there are legal remedies available to address your concerns effectively. Here's how you can proceed:

1. Request for Video Conferencing:
   You can file an application in the Indian family court seeking permission to record your evidence via video conferencing. Indian courts have increasingly embraced technology, recognizing video conferencing as a valid mode of evidence recording in cases where physical presence is not feasible. In State of Maharashtra v. Praful B. Desai (2003), the Supreme Court unequivocally affirmed that testimony via video conferencing adheres to the principles of natural justice.

2. Responding to Objections:
   Even if your spouse raises objections, courts have permitted remote testimony where genuine logistical or legal hurdles exist. By presenting documentation of the U.S. court's order preventing your travel and explaining your role as your child's primary caregiver, you can demonstrate that attending in person is practically and legally impossible. Case laws like K. Srinivas Rao v. D.A. Deepa (2013) can substantiate your request, showing courts’ sensitivity toward practical challenges.

3. Appointment of a Commissioner:
   The Indian family court can be moved under Order XXVI of the Civil Procedure Code, 1908, to appoint a Commissioner for recording your evidence remotely. Commissioners are frequently appointed when circumstances make personal attendance impractical. Cite your inability to travel due to U.S. court restrictions and highlight how remote proceedings can ensure judicial efficiency without compromising fairness.

4. Strengthening Your Argument:
   a. Provide documentary evidence of the U.S. court’s prohibition on taking your daughter out of the state.
   b. Emphasize that you are the primary caregiver, and leaving the child unattended is neither feasible nor in her best interest.
   c. Outline the logistical and financial burdens of traveling to India for court proceedings under current constraints.

5. Seeking Assistance from the MEA or Indian Consulate:
   The Indian Ministry of External Affairs (MEA) and consulates in the U.S. often assist Indian nationals facing legal difficulties abroad. You can approach the Indian Consulate to facilitate your participation in Indian court proceedings. They may provide letters of support or even act as mediators between you and the court. Visit the official MEA website for guidance or contact the nearest consulate directly.

6. Procedural Next Steps:

   • File an application in the Indian court detailing your circumstances, including the U.S. court’s restrictions and caregiving responsibilities.
   • Request the court to direct the appointment of a Commissioner to record your evidence remotely.
   • Support your application with affidavits, relevant documents, and precedents that validate your request.

By taking these steps, you can effectively protect your legal interests while complying with international obligations. If you require further assistance, I can help you navigate this process and ensure that your rights are safeguarded.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

You can very well file your chief affidavit through your power of attorney agent and request court to permit you to participate in the proceedings though virtual hearing/video conference.

A Family Court can allow parties to appear through virtual mode (like video conferencing) in divorce proceedings, with many courts now actively encouraging this practice, especially in cases where parties are located far away or face difficulties attending in person; the Madras High Court in India has specifically ruled that Family Courts should not insist on physical presence and can conduct proceedings virtually throughout the divorce process.

The court added that recently, the justice dispensation system has seen much advancement in the use of technology, and the family court's insistence on physical presence would defeat the very purpose of the video conferencing facility.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR

Citation: 2024 LiveLaw (Mad) 392

Shrilakshmi Vs. Ramkumar

To request remote participation in Indian family court due to U.S. travel restrictions, you can take the following steps:

1. File a Petition: Request the court to allow you to testify via video conferencing, explaining your inability to travel due to U.S. court orders and caregiving responsibilities.

2. Cite Legal Precedents: Mention precedents where Indian courts have permitted video testimony, particularly referencing directives from the Supreme Court to utilize such technology for efficiency and accessibility.

3. Commissioner Appointment: Apply for the appointment of a commissioner to facilitate the recording of your evidence remotely, ensuring procedural integrity.

4. Detail Challenges: Clearly outline the logistical and legal issues that prevent your travel, emphasizing the conflict with U.S. legal obligations and your role as a primary caregiver.

5. Contact MEA or Consulate: Reach out to the Ministry of External Affairs or the Indian Consulate for assistance and to potentially facilitate communications with the court.

6. Secure Legal Representation: Ensure your lawyer in India is prepared to argue for remote participation, leveraging the detailed specifics of your situation.

You can indeed request the Indian family court to allow remote participation via video conferencing for recording your evidence. The legal framework supports the use of technology in judicial proceedings, especially under exceptional circumstances such as yours, where travel is restricted due to a U.S. court order. To request the appointment of a Commissioner to record your evidence remotely, you should:

1. File a Formal Application: Submit an application to the Indian family court detailing your circumstances, including the U.S. court order and your role as the primary caregiver.
2. Cite Relevant Precedents: Reference the cases mentioned above to support your request for remote testimony.

Relevant Legal Precedents:

- Santhini v. Vijaya Venketesh: The Supreme Court held that video conferencing can be permitted at any stage of the proceedings, emphasizing that it cannot be excluded, especially when it serves the interests of justice Maheswari VS Ramesh Ramiah - Madras (2023).

- State of Maharashtra v. Dr. Praful B. Desai: The Supreme Court recognized that recording evidence through video conferencing is permissible when attendance cannot be procured without unreasonable delay or expense State of Jammu & Kashmir Through Police Station Zainapora VS Zia Mustafa - J&K (2022).

I am sure that you would have engaged a counsel to represent on your behalf. He/she has to highlight your circumstances and the supporting legal provisions and notifications issued by MHA to facilitate recording of your evidence through VC. The family court shall permit keeping in mind the circumstances preventing your physical presence.

G.Rajaganapathy

Advocate

High Court of Madras

- As per law, second case is not maintainable on the same cause of action. 

- If there is already a divorce petition is pending before the Court in India then on the same cause of action the second case in abroad is also not valid. 

- Further, any decree of foreign country in the absence of opposite party is not valid in India. 

- Further, if you are unable to come to India , then you can appear through Video Conferencing mode even for giving evidence .

- Your lawyer can move an application before the same Court for allowing you to appear through VC. 

If you come here with your child then you have to contest the custody case if any filed against you by your spouse. Also need to seek child support if your spouse is earning 

if you violate court orders, of taking the child to India it amounts to contempt of court and the court can take contempt of court proceedings against you,

The Indian court order cannot restrict US court in the proceedings going on there neither it is binding on them.

You may have to manage the situation in US through your attorney there.

You can ask for extension of Visa on this grounds itself.

1. There being restriction on kid to leave U.S. there is no question of taking the kid to India.
2. Anti suit order by Indian Court is not binding on U.S. Court.
3. Seek appearance in Indian Court through vc, you will be complying with U.S. Court order Indian Court order.
4. Remote participation is not a big deal, every day such appearance happens.