KISHORI RAVI VENKAT SAI Vs. RAJEEV KUMAR DUBEY

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner/wife challenging the order dtd. 11/10/2023 passed in RCS HMA No.1323/2022 by the IIIrd Additional Principal Judge, Family Court, District Indore, whereby the application preferred by her for permitting appearance through video conferencing for the purpose of mediation proceedings has been rejected.

(2.) The facts in brief are that the respondent has filed a petition under Sec. 13 of Hindu Marriage Act, 1955 before the Family Court for dissolution of marriage between the parties by grant of a decree of divorce. Admittedly, the petitioner is a resident of U.S.A. whereas respondent is residing at Bengaluru.

(3.) During course of proceedings before the Family Court an application was filed by the petitioner for permitting her to participate in the conciliation proceedings through video conferencing submitting that she is residing in U.S.A. and is not able to come to Indore for the said purpose. She is having responsibility of taking care of her child, who is aged about 11 years and who is not having a passport for him to travel to India. The petitioner cannot leave him at U.S.A. and travel alone to India.