RITU VARSHNEY W/O SAMRAT GUPTA D/O RAM BABU VARSHNEYversusSAMRAT GUPTA S/O PRAMODKUMAR GUPTA
- Disposal
- 36-MCA DISPOSED OF
- Bench
- MAULIK SHELAT
Holding
The court held that the applicant may be allowed to attend the family suit proceedings via video conference and may approach the court for physical presence if required, and permitted the withdrawal of the application.
Summary
The applicant, an assistant professor suffering from cervical spondylitis, filed a miscellaneous civil application seeking permission to attend family suit proceedings in the Family Court, Ahmedabad, via video conference due to her medical condition. The applicant’s counsel requested that the court allow her to appear remotely and reserve liberty to approach the court if physical presence becomes necessary for cross‑examination. The court found the request reasonable and directed that the Family Court may permit video‑conference participation, subject to physical presence if required for cross‑examination. It also allowed the applicant to withdraw the application while reserving liberty to approach the court later if her health deteriorates. The court disposed of the application as withdrawn without examining the merits.
Issues considered
- Whether an applicant with a medical condition can be permitted to attend family court proceedings through video conferencing.
- Whether liberty can be reserved for the applicant to approach the court for physical appearance if required for cross‑examination.
Subjects
Judgment
C/MCA/1755/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1755 of 2026
=============================================
RITU VARSHNEY W/O SAMRAT GUPTA D/O RAM BABU
VARSHNEY
Versus
SAMRAT GUPTA S/O PRAMODKUMAR GUPTA
=============================================
Appearance:
MR KS KOTAI FOR MS. SHIVAMI P. BRAHMAKSHATRIYA(6398)
for the Applicant(s) No. 1
=============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/07/2026
ORAL ORDER
1. Heard Mr.Kamlesh S. Kotai, learned advocate for
Ms.Shivani Brahmakshatriya, learned advocate for the
applicant.
2. After arguing for some time, under the instruction of his
client, at this stage, learned advocate for the applicant does
not press this application.
3. Nonetheless, Mr.Kotai, learned advocate, would request
this Court that the applicant, being an Assistant Professor
working in a private university and also suffering from
Cervical Spondylitis, she may be allowed to join the family suit
proceedings instituted by the opponent in the Family Court at
Ahmedabad through video conference and liberty may be
reserved in favour of the applicant to approach this Court in a
case where at a stage where the applicant's physical presence
is required for her cross-examination, if her medical condition
worsen.
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C/MCA/1755/2026 ORDER DATED: 16/07/2026
4. Having heard Mr.Kotai, learned advocate for the
applicant and considering the request made by him, the
request appears to be reasonable which requires acceptance.
5. It is open for the applicant to request the Family Court
at Ahmedabad, where the opponent has filed the family suit in
question against the applicant, to allow her to attend the
proceedings through video conferencing by dispensing with
her physical presence unless it is required for her cross-
examination or otherwise. If such a request will be made by
the applicant, same shall be accepted by the Family Court,
Ahmedabad, thereby allow her to join the proceedings
through video conferencing unless her physical presence is
required for cross-examination or otherwise.
6. It is needless to say that the applicant is required to be
permitted to appear in the mediation proceedings through
video conference.
7. It is also open for the applicant to approach this Court in
a case where she will not be in a position to physically appear
before the Family Court, Ahmedabad for her cross-
examination in a case where her medical condition
deteriorates/worsens.
8. With the aforesaid observations and directions and
reserving liberty in favour of the applicant, at this stage, this
Court permits the applicant to withdraw this application.
9. It is made clear that this Court has neither gone into nor
examined the merits of the matter.
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C/MCA/1755/2026 ORDER DATED: 16/07/2026
10. In view of the aforesaid, the present application is
disposed of, as withdrawn, albeit reserving liberty as
aforesaid in favour of the applicant.
11. Direct service is permitted.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 16/07/2026 17:54:30
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