Case Restoration
Chennai High Court has accepted the videoconferencing for NRI has granted the divorce, should follow the same lower courts?
not clear rules and procedures are established in the Indian Divorce Act that for NRIs are concerned.In Indian court adjournments are common and each time an NRI to be physically present is almost impossible and, of course, justice is not denied or delayed. I have a son who lives in the United States and with a GPA of me filed a divorce petition in family court and the judge, after a year or two rejected petition stating that the petitioner is not physically present in the brginning of case.We filed for restoration is pending. Hence the question above, if the trial the High Court of Chennai accept fornrit videoconferencing can be used effectively in the lower courts? Maybe counterd husband actually bashing the divorce laws in India are heavily loaded in favor of women?
The Constitution of India & Procedure Code Civil empowers inherent justice in India to make any appropriate order to achieve the ends of justice. This basic principle of law on which the High Court of Chennai shall have accepted videoconferencing for NRI has granted the divorce on the basis of this. As indicated above any court can follow the same principle, if the judge about the case and videoconferencing grant but at the cost of the party he seeks. Husband bashing amounts to cruelty to the woman if she was responsible for get it done, it may be safe ground for divorce if the specific law under which the divorce is being sought to provide for example, The Hindu Marriage Act, 1955 or The Special Marriage Act, 1954, but it will not be a ground for divorce if the divorce is being filled under the Indian Divorce Act, 1869 Act applies to Indian Christians.
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