New Delhi: A five-judge Constitution Bench of the Supreme Court will take a call on whether in matrimonial disputes, the evidence of the parties could be recorded through video-conferencing and whether it would affect confidentiality.
A bench disagreed with an earlier decision permitting evidence via video-conferencing and referred the matter to Chief Justice Dipak Misra to set up a large bench to decide this important issue.
A two-judge bench in the Krishna Veni Nagam case had directed that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between the parties to a marriage, wherever the defendants/respondents are outside the court’s jurisdiction, evidence could be recorded through video-conferencing.
Disagreeing with this, the bench raised the question of the extent to which confidentiality would be safeguarded and protected in video-conferencing, more so when efforts are made by counsellors, welfare experts or the court itself for reconciliation, restitution of conjugal rights or dissolution of marriage, ascertainment of the wishes of a child in custody matters, saying this was a serious issue to be considered. The judges said it would certainly be difficult in video-conferencing, if not impossible, to keep confidentiality.
