In a move set to revolutionize matrimonial litigation across Tamil Nadu, the Madras High Court has issued a comprehensive set of guidelines and procedural mandates for Family Courts. Emphasizing that the judicial system must evolve with technology, the Court directed that physical presence should not be a prerequisite for the filing or conduct of cases, especially when parties are situated far apart or abroad.
Counsel’s Submission: Overcoming Practical Hurdles in Family Courts
The Court’s intervention came during a series of petitions highlighting the technical and practical difficulties faced by litigants in Family Courts. Mr. Rahul Jagannathan, appearing on behalf of the Bar, presented a detailed roadmap for streamlining court functions to make them more “litigant-friendly.”
Mr. Rahul Jagannathan primary arguments focused on the modern legal landscape, specifically:
- Digital Integration: He pointed out that under the Family Courts Act, 1984, and the newly implemented Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, there is a clear legislative intent to adopt technology.
- Practical Difficulties: Mr. Rahul Jagannathan argued that insisting on the physical appearance of parties for the presentation of petitions or for every hearing causes undue hardship, particularly for NRIs and those residing in different states.
- Video Conferencing (VC) as a Standard: Mr. Rahul Jagannathan contended that VC should not be an “exception” granted at the court’s discretion but a standard procedural option. Mr. Rahul Jagannathan highlighted that the lack of uniform VC protocols often led to cases being stalled over minor technical objections.
The Court’s Directions: A New Protocol for Family Courts
Accepting the contentions raised by Mr. Rahul Jagannathan, the Hon’ble High Court issued a landmark set of directions to all Family Courts in the state to ensure a more efficient and empathetic judicial process.
Key Guidelines Issued by the Court:
- No Mandatory Physical Presence: Family Courts are henceforth directed not to insist on the physical presence of spouses at the time of presenting the petition or during subsequent hearings, unless absolutely necessary for reconciliation.
- Recognition of Power of Attorney: Petitions can be filed through a registered or properly adjudicated Power of Attorney agent, who can represent the party during the proceedings.
- Standardization of Video Conferencing: * The Court directed that parties be allowed to appear via virtual mode from their respective locations.
- Identity verification can be conducted through relevant digital documents during the VC session.
- Evidence can be recorded virtually after the Court satisfies itself of the party’s identity and the voluntariness of their statement.
- Removal of Technical Objections: The Court warned against “harassing” litigants with hyper-technical objections regarding the mode of filing or appearance, stating that the focus must be on the “substance of justice.”
Judicial Observation: Modernizing for the Common Litigant
The Court remarked that the Family Court system must be a sanctuary for resolution, not a maze of procedural hurdles.
“Virtual proceedings provide an opportunity to modernize the system by making it more affordable and citizen-friendly. The Family Court must ensure that video conferencing is put to usage without insisting on the physical presence of the parties from the time of first presentation till the conclusion of proceedings.”
Impact of the Ruling
This judgment effectively removes the “geographical barrier” in matrimonial litigation. By allowing digital filing and virtual appearances as a matter of right, the Madras High Court has significantly reduced the cost and emotional strain associated with physical court appearances in sensitive family disputes.
The Registry has been directed to circulate these guidelines to all judicial officers in the state for immediate and strict compliance
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