Disposed

Sri Sateesh K Shiradwade v. Smt Shailaja Nagathan

Karnataka HC4 Apr 2024WP/1079/2024

Case brief

AI extract

What is this about?

A writer's petition filed under Article 226 challenging an order permitting video conference cross-examination was summarily disposed of. The High Court directed the trial court to record the completion of cross-examination on 27th and 28th May 2024.

What did the court decide?

The writ petition is disposed of directing the lower court to record cross-examination on 27th and 28th May 2024.

Sri Sateesh K Shiradwade Vs Smt Shailaja… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:14012 WP No. 1079 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1079 OF 2024 (GM-FC)

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BETWEEN:

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SRI SATEESH K SHIRADWADE S/O LATE KRISHNA SHIRDWADE AGED ABOUT 50 YEARS, R/A NO. 42 PROSPECT HILL, BLVD, CHESTER SPRINGS, PA-19425, USA REPRESENTED BY HIS SPA SMT. LEELA SHIRADWADE W/O LATE. KRISHNA SHIRDWADE

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…PETITIONER

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(BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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SMT SHAILAJA NAGATHAN W/O SATEESH SHIRADWADE AGED ABOUT 45 YEARS, R/A SAVITA PATIL NO.3, 3RD CROSS, HANUMAGIRI LAYOUT, CHIKKALASANDRA, BANGALORE-560061.

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…RESPONDENT

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(BY SRI. PRAMILA NESARGI., SENIOR ADVOCATE A/W SMT. BINDU V., ADVOCATE (THROUGH V/C)

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THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TODIRECTING THE TRIAL COURT IN G AND WC NO. 162/2016 ON THE FILE OF IV ADDL.

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2 - NC: 2024:KHC:14012 WP No. 1079 of 2024

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PRL. JUDGE, FAMILY COURT BANGALORE AS PER ORDER DTD 05.12.23TO PERMIT THE PETITIONER TO APPEAR THROUGH VIDEO CONFERENCE BY RELAXING THE RULES SET DOWN IN RULES FOR VIDEO CONFERENCING FOR COURTS ANNEXURE-D.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Aggrieved by the order dated 05.12.2023, whereby the court below had permitted the petitioner to subject himself for cross-examination at his cost through Video Call (VC), by appointing a Court Commissioner subject to VC Rules and posted the matter to 19.12.2023, the petitioner is before this Court.

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Learned counsel appearing for the petitioner submits that the petitioner is working in Pennsylvania in essential services for the Government. As such, it is very difficult for him to get Leave. On the last occasion when he came to India, part of the cross-examination was done, at that time he lost his father. He could not come before the

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court for completing the cross-examination. It is submitted

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NC: 2024:KHC:14012 WP No. 1079 of 2024

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that the court had permitted him to subject himself to cross-examination through VC by appointing a Court Commissioner subject to VC Rules.

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Learned counsel has drawn the attention of this Court to the VC Rules dated 08.06.2020, wherein as per Rule-5.3.1, if it is overseas, an official of a Indian Consulate / the relevant Indian Embassy, relevant High Commissioner of India should be the Coordinator. It is submitted that, in view of the time difference, it would be difficult for him to comply with Rule-5.3.1 of VC Rules. Hence the same may be exempted. Alternatively, it is submitted that the petitioner husband would be coming to India, on 6^th May’2024 and he would be here in India till 28^th May’2024. Once the Court reopens, he is ready to subject himself to cross-examination on 27th and 28th of May’2024. He submits that the respondents may be directed to complete the cross-examination within the said time i.e., 27th and 28th May’2024 so that he will complete the same and go back to USA.

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4 - NC: 2024:KHC:14012 WP No. 1079 of 2024

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Learned Senior Counsel appearing on behalf of

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the respondent/wife submits that they would complete their cross-examination on 27th and 28th of May’2024.

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Accordingly, the writ petition is Disposed of ,

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directing the court below, to record the cross-examination of the petitioner on 27^th and 28^th of May’2024 and the respondents shall complete the cross-examination on those two days.

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SD/JUDGE

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JJ List No.: 1 Sl No.: 15

Sri Sateesh K Shiradwade v. Smt Shailaja Nagathan

Case brief

What is this about?

What did the court decide?

Sri Sateesh K Shiradwade v. Smt Shailaja Nagathan

Case brief

What is this about?

What did the court decide?

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