VidhiSangh

Supreme Court of India · 09/10/2017

SANTHINI versus VIJAYA VENKETESH

[2017] 12 S.C.R. 557 · 2017 INSC 1023

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Summary

Answering a reference on video conferencing in matrimonial disputes, the three-Judge Bench by a two-to-one majority restricted its use in light of settlement duties and confidentiality. The majority prescribed prospective directions for Family Courts after settlement efforts fail, barred video-conferencing directions in transfer petitions, and overruled Krishna Veni Nagam to that extent. Chandrachud J dissented, favouring flexible use at any stage.

Issues

  1. Whether video conferencing could replace personal participation in matrimonial proceedings and settlement efforts.
  2. How confidentiality and reconciliation duties affected the Family Court’s procedural discretion.
  3. Whether the Court could direct video conferencing when deciding a transfer petition.

Provisions considered

Held

Result

Reference answered by majority with prospective directions and limited overruling of Krishna Veni Nagam; transfer petitions directed to the appropriate Bench for determination on their merits. Chandrachud J dissented.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 557.