The Karnataka High Court has relaxed its Video Conferencing Rules to allow a 71-year-old woman living in the United States to record her evidence in an uncontested probate case directly from her residence, without routing the proceedings through the Indian Embassy. The Court also directed the trial court to conclude the pending probate proceedings within three months.
Background of the Case
The petitioner, a senior citizen, approached the High Court after her application seeking permission to depose through video conferencing remained pending before the VI Additional District and Sessions Judge, Bengaluru Rural.
According to the petition, she had filed probate proceedings after the death of her husband, who had executed a Will naming her as the sole executrix and beneficiary. After his death, she relocated to the United States to live with her son and became a permanent resident there. She submitted that her age and travel restrictions made it difficult for her to return to India solely for recording evidence.
Court's Observation
Justice Tara Vitasta Ganju noted that the probate proceedings were uncontested, with no objections received despite public notices published in newspapers.
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The Court observed that the matter had remained pending for nearly a year, primarily because the petitioner's evidence had not been recorded.
Referring to the Karnataka High Court's Video Conferencing Rules, the bench exercised its power to relax Rule 5.3.1, which ordinarily requires a person giving evidence from overseas to do so through an Indian Embassy or Consulate.
The bench observed,
“The Requirement of a Co-ordinator at the remote point... and the routing of the proceedings through the Embassy... will be relaxed,” while imposing safeguards to ensure the fairness and integrity of the proceedings.
The Court clarified that the relaxation was appropriate because the proceedings were non-adversarial and there were no contesting parties before the trial court.
Safeguards Imposed
While granting the relief, the High Court directed that the petitioner must file an undertaking before the trial court stating that she would not interrupt or disconnect during the recording of her evidence.
The Court further held that if any disconnection occurred because of the petitioner, the evidence already recorded would stand discarded. It also left it open to the trial court to impose any additional safeguards necessary to maintain the fairness of the proceedings.
Decision
Allowing the writ petition, the Karnataka High Court permitted the petitioner to record her examination-in-chief through video conferencing from her residence in the United States without requiring coordination through the Indian Embassy.
It also directed the trial court to dispose of the probate case as expeditiously as possible, preferably within three months.
