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Madras High CourtCRP/2082/2021disposed of

Nithin @ Anantha Venkateswara Sharma v. Radha

2021-09-28Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.09.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN CRP. (PD) No.2082 of 2021 Nithin @ AnanthaVenkateswaraSharma ... Petitioner Vs.

Radha ... Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue direction to learned Subordinate Judge, Tambaram to permit the petitioner to appear through virtual hearing either through Skype or What's up or any other applications as fixed by this Hon'ble Court in the H.M.O.P. No.84 of 2021 pending on the file of the learned Subordinate Judge, Tambaram. For Petitioner : Mr. M.Guruprasad For Respondent : No appearance *** O R D E R This petition is filed to issue a direction to the learned Subordinate Judge, Tambaram, to permit the petitioner to appear through virtual hearing to attend the proceedings in H.M.O.P. No.84 of 2021.

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2. Learned counsel for the petitioner submitted that the petitioner filed a petition for divorce in O.P. No.84 of 2021 under Section 13-B of the Hindu Marriage Act, on the file of Subordinate Court, Tambaram. It is further submitted by the learned counsel for the petitioner that the respondent wife is residing at India and the petitioner is now residing at United States of America, and it is not possible for the petitioner to come to India to personally present in the Court and prosecute the matter. He further submitted that the learned Sub-Judge, Tambaram, directed the petitioners in the O.P. No.84 of 2021, to be present on 01.10.2021 and the matter was adjourned to 01.10.2021, finally for appearance of the parties. In view of the fact that the petitioner is not in a position to appear in person, before the Court, since he is residing at United States of America, the learned counsel for the petitioner prays for adjudicating the matter through Video Conferencing.

3. In view of the submissions made by the learned counsel for the petitioner, the learned Sub Judge, Tambaram, is directed to follow the order of Hon'ble Supreme Court in the case of Santhini Vs. Vijaya Venketesh, in Transfer Petition (Civil) No.1278 of 2016 and also the Madras High Court Video Conferencing rules with regard to the disposal of cases by appearance of parties through Video Conferencing and pass appropriate orders. Learned Sub Judge, Tambaram, is also directed to ensure the identification of the parties by the photo affixed in the petition and by other means. 2/1

4. Accordingly, this Civil Revision Petition is disposed of. No costs. 28.09.2021 Index: Yes / No Speaking order / Non speaking order Note to Office: Issue order copy by 29.09.2021 bkn Copy To:

The Sub Judge, Tambaram.

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G.CHANDRASEKHARAN. J., bkn CRP. (PD) No.2082 of 2021 28.09.2021 4/1

C.R.P.No.2082 of 2021 and C.M.P.No.15411 of 2021 G. CHANDRASEKHARAN, J.

This matter has been brought before this Court by way of "For being mentioned" at the instance of the learned counsel for the Petitioner.

2.Learned counsel for the Petitioner submitted that there are some practical difficulties in following the Madras High Court's Video Conference Rules. Therefore the learned counsel prayed for conducting the cases through Teams App. This Court does not want to modify and pass any order except to reiterate its earlier order.

08.10.2021 sai 5/1