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2021 DIGILAW 117 (AP)

Mettu Niranjan Reddy S/o. Yella Reddy v. NIL C

2021-03-01

B.KRISHNA MOHAN

body2021
ORDER : The petitioners herein filed this revision petition against the order in I.A.No.420 of 2020 in FCOP No.43 of 2020 on the file of the XII Additional District Court, Guntur, dated 30.11.2020. 2. Heard the counsel for the petitioners. 3. The 1st petitioner is the husband and the 2nd petitioner is the wife. In view of the matrimonial disputes they have filed jointly FCOP No.43 of 2020 on the file of the court of XII Additional District Court, Guntur, seeking for dissolution of Marriage dated 06.05.2017 by way of mutual consent under Section 13B of the Hindu Marriage Act, 1955. The 1st petitioner is represented by the GPA Holder and the 2nd petitioner was present at the time of institution of OP. Thereafter, the 2nd petitioner is also represented by the GPA Holder in the subsequent proceedings. While so, they have jointly filed an I.A.No.420 of 2020 in the said OP before the Family Court seeking to grant permission to examine themselves through video conference to record their evidence and other proceedings. The same was considered and allowed by the Family Court to an extent of granting permission to record the evidence of the petitioners through video conference but insisted physical presence for the purpose of making an effort of reconciliation of the petitioners by way of its order dated 30.11.2020. The petitioners filed this revision insofar as the order of physical presence for reconciliation is concerned. 4. The learned counsel for the petitioners rely upon the decision of the Hon’ble Supreme Court of India reported in ANJALI BRAHMAWAR CHAUHAN VS. NAVIN CHAUHAN in Review Petition (C) No.472 of 2018 in Transfer Petition (c) No.1252 of 2016 dated 22.01.2021 in which their Lordships at paragraph 3 held as follows: “3. Notice was issued in the Review Petition on 20.03.2018. Due to the ongoing pandemic, physical functioning of the Courts has been stopped since March, 2020. Proceedings in all Courts are being conducted only through vide conferencing. In the normal course we would not have directed video conferencing in respect of matrimonial matters as per the judgment of this court mentioned above. However, in the present situation where all proceedings are conducted through video conferencing, we direct the Family Court, District Gautambudh Nagar, UP to conduct the trial through video conferencing.” 5. In the normal course we would not have directed video conferencing in respect of matrimonial matters as per the judgment of this court mentioned above. However, in the present situation where all proceedings are conducted through video conferencing, we direct the Family Court, District Gautambudh Nagar, UP to conduct the trial through video conferencing.” 5. Following the judgment of the Hon’ble Supreme Court of India, this court modifies the order of the Family Court dated 30.11.2020 directing the Family Court to consider reconciliation proceedings also through video conference apart from the other proceedings before it in the said OP while dealing with the same as per law in view of the pandemic situation due to COVID-19. It is made clear that this order is passed due to the prevailing situation as indicated above. 6. Accordingly, the Civil Revision Petition is disposed of. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.