Technology as an Enabler of Justice
The advancement of technology has fundamentally altered how institutions, including courts, can conduct their functions. The COVID-19 pandemic accelerated the adoption of video conferencing in judicial proceedings, but the underlying principle of using technology to facilitate access to justice predates the pandemic. In the revision petition decided on 29.04.2021 by Justice Lisa Gill of the Punjab and Haryana High Court, the court took the opportunity to affirm that modern technology should be embraced in matrimonial proceedings to facilitate both the administration of justice and the resolution of disputes.
Family Court’s Initial Refusal
The Family Court had declined to allow the examination of a witness via video conferencing in proceedings initiated under Section 13 of the Hindu Marriage Act. The petitioner, seeking to examine a witness whose physical appearance before the court was problematic due to distance or other practical constraints, had requested this facility. The Family Court’s refusal appeared to rest on a conservative interpretation that required witnesses to testify in person without considering the possibilities afforded by modern technology.
Judicial Recognition of Model Video Conferencing Rules
The High Court allowed the revision petition and directed the Family Court to permit examination via video conferencing. Importantly, the court anchored this direction to the Model Video Conferencing Rules formulated in 2018, demonstrating that the acceptance of video conferencing was not ad hoc but grounded in established guidelines developed specifically for this purpose. The Model Rules provide a structured framework ensuring that the rights of the parties are protected and the evidentiary value of testimony is preserved even when delivered through remote technology.
Balancing Tradition and Modernity
The judgment reflects a broader judicial philosophy that while the traditional mode of examination in open court remains the ideal, practical circumstances and technological capability must be recognized. Family law proceedings are often sensitive and emotionally charged. Witnesses may be reluctant to travel or may face genuine hardship in appearing before the court. Video conferencing, properly conducted and recorded, can preserve the essential elements of witness examination while reducing unnecessary burden and expense.
Facilitating Access to Justice
By embracing video conferencing in matrimonial proceedings, the court acknowledged that access to justice encompasses not merely the right to be heard but the practical ability to present one’s case effectively and expeditiously. When a witness can testify via video conferencing in accordance with established rules, both the petitioner and the respondent benefit from speedier resolution and reduced litigation costs. The court’s decision thus aligns with the fundamental objective of the judicial system to resolve disputes fairly and efficiently.
Mrs. Munisha Gandhi, Senior Advocate, assisted by Mr. Viraj Gandhi, Advocate, and Mr. Vaibhav Sharma, Advocate, appeared for the Petitioner.