MADHURI JOSHI Vs. SHASHANK BALOONI

JUDGEMENT

(1.) The present appeal from order is filed by the appellant-wife against the order dtd. 11/6/2024 passed by the learned Additional Family Court Judge, Dehradun in Matrimonial Original Suit No. 543 of 2021 'Shashank Balooni vs. Smt. Madhuri Joshi', whereby the application Paper No. 125C2 for recording her evidence by video-conference filed by the respondent/appellant was disposed of. The appellant-wife filed an application Paper No. 125C2 as per Schedule 1 of the "High Court of Uttarakhand Video Conferencing Rules-2020" (hereinafter referred to as "Rules, 2020") but court directed the appellant-wife to remain present for her evidence in defence.

(2.) Learned counsel for the appellant-wife would submit that the learned Additional Family Court Judge, Dehradun did not apply his judicial mind while disposing of her application for recording the evidence of the appellant-wife by video-conferencing, notwithstanding the fact that it was specifically stated in the application that the appellant-wife was residing in the United States of America, working there as trainee teller in Patelco. Credit Union Bank and unable to take leave and travel for her evidence in India.

(3.) Per contra, learned counsel for the respondent- husband would submit that vide order dtd. 29/7/2024, the Coordinate Bench of this Court has already allowed the appellant-wife to appear through Video-Conferencing before the concerned Family Court for the evidence.