HC seeks suggestions on expanding functioning of family courts by recording evidence via VC

The Delhi High Court Thursday sought suggestions from its registrar and various bar associations on the issue of expanding the functioning of family courts in the prevalent times of COVID-19, including for the purpose of recording of evidence through video conferencing (VC). A bench of Justices Rajiv Sahai Endlaw and Asha Menon, which conducted the hearing through video conferencing, issued notice to the administrative side of Delhi High Court, Delhi government, family courts (headquarter) and various Bar Associations of the District Courts through the Coordination Committee of All District Courts Bar Associations, seeking their suggestions on the issue.

"We may mention that the 'Video Conferencing Guidelines issued by the High Court of Delhi: Guidelines for the Conduct of Court Proceedings between Courts and Remote Sites' already appear to be wide enough to take care of the situation as has arisen in the wake of Covid-19. Even if the same are required to be supplemented, keeping in view the prevalent times, the said aspect can be considered in this petition," the bench said. The court's order came on a petition seeking to enlarge functioning of the courts, particularly family courts, in the prevalent times. The plea sought direction to all the family courts to allow recording of evidence via video conferencing during the restricted functioning of courts owing to the COVID-19 pandemic, either by the presiding judge of the family court or by a commission.

"Let notice be also issued to ...the High Court of Delhi through Standing Counsel for High Court of Delhi, electronically, who may also come forward with their suggestions for expanding the functioning of the courts in the prevalent times, in spite of restrictions in force, including for the purposes of recording of evidence via video conferencing," the bench said. Presently during the COVID-19 pandemic, the family courts are functioning to a limited extent through video conferencing.

The court said since the PILs fall in the roaster of the Chief Justice, the plea be listed before an appropriate bench on June 4. The initial issue relates to a matrimonial dispute between a couple in which the man was seeking dissolution of marriage on the ground of cruelty and recording of evidence in the proceedings was being held up due to the nationwide lockdown in the wake of COVID-19.

As the functioning of the court from physical court rooms having come to a standstill, the man filed the plea in the form of a public interest litigation (PIL) seeking a direction for recording of evidence in the proceeding via video conferencing or in such other manner as may be feasible. The woman and her counsel, however, refused to proceed with recording of evidence through video conferencing mode and they are not willing to go ahead with any way other than in a physical court room.  The court noted that the man's counsel, perhaps anticipating this stand, has also given the petition the colour of a PIL and sought the relief of direction to all the Family Courts to allow recording of evidence via video conferencing during the pandemic.

The court also appreciated the effort of the man's counsel Ankur Mahindro saying that instead of indulging in armchair criticism, he has as a member of the Bar taken a constructive step for exploring the possibilities of better and more efficient functioning of the courts in spite of a large number of prevalent restrictions and in addition to the initiative of the courts themselves..

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