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Madras High CourtA/3008/2023ordered

Vivekanand Sankar v. Priyadarshini Rajasekaran

2023-06-27Honourable Mr Justice K.Kumaresh Babu3 pages

A.No.3008 of 2023 in O.P.No.625 of 2021 K.KUMARESH BABU, J.

This application has been filed by the applicant seeking to permit the petitioner to record evidence in O.P.No.625 of 2021 through Video Conferencing.

2.Heard Ms.P.Kritika Kamal, learned counsel appearing for the applicant and Mr.P.Amarnath, learned counsel appearing for the respondents 2 & 3. 3.Mr.P.Amarnath, learned counsel appearing for the respondents 2 & 3 would vehemently oppose and contend that the physical presence of the applicant would be necessary during cross-examination. 4.It is pertinent to note that this Court records evidence through Video Conferencing and framed rules in that aspect. I am of the view that the rule is comprehensive and the apprehension of the respondents particularly the respondents 2 & 3 does not deserve any merit. Further, the first respondent who is the mother of the children had been set exparte. Till date, she had not taken out any application to redeem the same. The custody of the minor children had been agreed upon between the parties in the proceedings before the Court in the United Kingdom to be with the mother. Unfortunately, the

mother had left the children under the care & custody of the grandparents. Therefore, I am of the view that the application could be ordered. Accordingly, the application is ordered as prayed for.

5.The Original Petition is relegated to the learned Additional Master - III for recording of evidence through Video Conferencing. 27.06.2023 pam

K.KUMARESH BABU, J.

pam A.No.3008 of 2023 in O.P.No.625 of 2021 27.06.2023