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Supreme Court of India 2017-08-09 allowed

Santhini vs Vijaya Venketesh

Bench: 2 — Sanjay Kishan Kaul, K. M. Joseph

In Brief

The petitioner sought transfer of matrimonial and child custody proceedings from Kerala to Tamil Nadu. The respondent cited Krishna Veni Nagam, suggesting video conferencing as an alternative to transfer. The Supreme Court held that video conferencing in family disputes is fundamentally incompatible with the statutory mandate under the Family Courts Act 1984 and Hindu Marriage Act 1955. The Court emphasised that reconciliation, mediation by counsellors, and in camera proceedings are central to family law, requiring physical presence and strict confidentiality. Video conferencing compromises both confidentiality (as footage becomes a record) and the effectiveness of reconciliation efforts. The Court distinguished Krishna Veni Nagam, finding it lacked necessary information about family law procedures, and directed the matter to a larger Bench for reconsideration.

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Family Law Matrimonial Disputes Child Custody Civil Procedure Transfer of Proceedings Video Conferencing Reconciliation Confidentiality

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