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Judgment
The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India seeking clarifications/ directions regarding conduct of proceedings under Section 13-B of the Hindu Marriage Act, 1955 through video conferencing mode. The petitioners have prayed for the following reliefs:-
“10.1That this Hon'ble Court kindly be pleased to allow the present petition.
10.2That this Hon'ble Court kindly be pleased to issue appropriate supervisory directions/clarifications for facilitation of the pending proceedings bearing HMA No. 359/2026 pending before the learned Family Court, Raipur.
10.3That this Hon'ble Court kindly be pleased to observe that, in appropriate factual circumstances and subject to satisfaction of the learned Family Court regarding voluntariness, identity and free consent of the parties, participation through Video Conferencing in proceedings under Section 13B of the Hindu Marriage Act, 1955 may be permitted in accordance with law.
10.4That this Hon'ble Court kindly be pleased to observe that participation of the Petitioner-wife through Video Conferencing along with physical representation through her duly constituted Special Power of Attorney holder may be considered permissible in the peculiar facts of the present case.
10.5That this Hon'ble Court kindly be pleased to observe that insistence upon compulsory physical appearance before Embassy/Consular authorities may not be necessary in every consensual matrimonial proceeding where the learned Family Court is otherwise satisfied regarding identity, voluntariness and free consent through appropriate safeguards.
10.6That this Hon'ble Court kindly be pleased to direct expeditious continuation and adjudication of the pending proceedings under Section 13B of the Hindu Marriage Act, 1955, preferably within a time-bound period.
10.7That this Hon'ble Court may kindly be pleased to pass any other Order (S) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
Learned counsel for the petitioners would submit that the petitioner No. 2 has presently residing at Latvia (Europe) and the parties have made an application to appear before the learned Family Court through virtual mode which is still pending for its consideration before the learned Family Court. Therefore, learned Family Court may be direction to decide the application in accordance with law.
Considering the limited prayer made by learned counsel for the petitioners, the present writ petition is disposed of direction to pursue his application dated 18.03.2026 filed before the learned Family Court under Section 10 of Family Court’s Act, 1984, read with Section 151 of CPC seeking permission to appear through video conferencing by petitioner No. 1 and 2 and the learned Family Court is also directed to decide the application in accordance with law in expeditious manner.
The writ petition is disposed of accordingly.