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2021 DIGILAW 397 (TS)

Khaja Azeemuddin v. Fahmina Begum

2021-12-07

A.VENKATESHWARA REDDY

body2021
ORDER : 1. The petitioner has filed this Civil Revision Petition under Article 227 of the Constitution of India assailing the order dated 16.03.2021 in I.A. No. 81 of 2021 in O.P. No. 166 of 2015 passed by the learned Judge, Additional Family Court, City Civil Court, Hyderabad, whereunder the application filed by the petitioner u/s.151 of CPC for recording the evidence of the petitioner through Video Conferencing was rejected. 2. As per para-3 of the affidavit, filed in support of the application, it is mentioned that in case the petitioner leaves the job, he will not be in a position to get it back or even go back to USA and he will be put to irreparable loss, as he has already spent huge amount on visiting USA. He is ready and willing to give evidence and he may be cross-examined, through Video Conferencing. This application filed by the petitioner was dismissed by the Court below through the order impugned with an observation that without going into the merits of the case and the counter, as I.A. No. 170 of 2021 permitting the petitioner to be represented through Power of Attorney holder is dismissed, this application was also dismissed. 3. Notice was served on the respondent, through her counsel before the Court below. She remained absent. Heard learned counsel for the petitioner. 4. In the present case, I.A. No. 81 of 2021 is filed to record crossexamine of the principal, through Video Conferencing and no other relief is claimed. The Rules for recording evidence through Video Conferencing are notified in the State in October 2020 itself. There cannot be any difficulty for recording cross-examination of the petitioner as PW-1 by adopting the said Video Conferencing Rules or any other convenient method with the consent of both the parties. As the petitioner is residing in USA and he seeks to file his evidence affidavit as PW-1 in lieu of chief examination and that the C.R.P. No. 909 of 2021 is allowed and the orders in I.A. No. 170 of 2021 are set aside, the petitioner is permitted to be represented by his SPA holder, this petition is also allowed. The order impugned is set aside. In the event of petitioner filing his evidence affidavit as PW-1 in lieu of chief examination, he may be cross-examined by adopting the Video Conferencing Rules and Guidelines 2020 notifying in the State. 5. The order impugned is set aside. In the event of petitioner filing his evidence affidavit as PW-1 in lieu of chief examination, he may be cross-examined by adopting the Video Conferencing Rules and Guidelines 2020 notifying in the State. 5. The Civil Revision Petition is accordingly allowed and the order impugned dated 16.03.2021 in I.A. No. 81 of 2021 in O.P. No. 166 of 2015 is hereby set aside and the said I.A. No. 81 of 2021 is allowed. However, there shall be no order as to costs. Miscellaneous applications, if any pending in this revision petition shall stand closed.