Judgment · High Court
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Key paragraphs
- Para 66. Learned counsel for t he pet it ioner t hen subm it s t hat he m ay be perm it t ed t o wit hdraw t his writ pet it ion wit h libert y t o m ove an applicat ion…
Judgment
WPMS No. 498 of 2025 H o n ’ b l e M a n o j K u m a r Ti w a r i , J 1. Mr. Harsh Tanej a, learned counsel for t he pet it ioner. 2. Mr. Pradeep Joshi, learned counsel for respondent no. 1.
#3. Pet it ioner is challenging t he order learned dat ed 26.09.2024 passed by Judge, Fam ily Court , Kashipur, Dist rict Udham Singh Nagar in Fam ily Suit No. t he said order, 307 of 2023. By pet it ioner ’s seeking perm ission t o subm it evidence t hrough Video Conference, was rej ect ed. applicat ion,
#4. Aft er arguing for a while, learned counsel for t he pet it ioner subm it s t hat High Court of Ut t arakhand has fram ed “ High Court of Ut t arakhand Video Conferencing Rules- 2020”, which were not ified on 10.12.2020, which provides for use of Video Conferencing Facilit y by t he t he provisions cont ained in t he said Rules learned Judge, were overlooked by Fam ily Court . lit igant s. He subm it s t hat
#5. Mr. Pradeep Joshi, learned counsel appearing for respondent no. 1, however, subm it s t hat from perusal of im pugned order, it appears t hat pet it ioner had not brought t he aforesaid Rules t o t he not ice of t he Fam ily Court , which has result ed in dism issal of his applicat ion.
#6. Learned counsel for t he pet it ioner t hen subm it s t hat he m ay be perm it t ed t o wit hdraw t his writ pet it ion wit h libert y t o m ove an applicat ion, as per provisions of “ High Court of Ut t arakhand Video Conferencing Rules- 2020” and t he Judge, Fam ily Court be direct ed t o t ake decision t he said applicat ion wit hin som e specified t im e fram e. t o Judge, t he writ pet it ion Fam ily Court part icipat e 7. Accordingly, disposed of, as wit hdrawn, wit h libert y t o pet it ioner t o m ove an applicat ion before seeking t he perm ission t he proceedings t hrough Video Conferencing. Learned Judge, Fam ily Court shall decide t he said applicat ion unt ram m elled by any observat ion m ade in t he im pugned order. I f pet it ioner m oves such applicat ion wit hin t hree weeks from t oday, learned Judge, Fam ily Court , Kashipur, Dist rict Udham Singh Nagar shall t ake decision t hereupon wit hin t hree weeks from t he dat e of receipt of such applicat ion. ( M a n o j K u m a r Ti w a r i , J) 21.02.2025 Aswal
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