Rekha Gupta Allowed to Record Evidence from USA without Embassy Involvement, Ensuring Fairness and Integrity
In a significant ruling, the Karnataka High Court has permitted Rekha Gupta, residing in the United States, to record her evidence in probate proceedings via video conferencing without the involvement of the Indian Embassy. This decision came as a relief to Gupta, a senior citizen and the sole executrix of her late husband’s will, who faced challenges due to travel restrictions and the prolonged delay in probate proceedings.
The judgment, delivered by Justice Tara Vitasta Ganju on July 3, 2026, in Writ Petition No. 12610 of 2026, addresses the need for procedural flexibility in uncontested probate matters. Gupta, the petitioner, sought relaxation of the Video Conferencing Rules, specifically Rule 5.3.1, which mandates a remote point coordinator from the Indian Consulate or Embassy when recording evidence overseas.
The court recognized the undue hardship caused by these stringent requirements, especially when the proceedings are non-adversarial and uncontested. Justice Ganju emphasized the importance of fairness and integrity in the judicial process while allowing the petitioner to record her evidence from a secure location in the USA.
The judgment outlined specific safeguards to ensure the integrity of the proceedings. Gupta is required to file an undertaking with the trial court, committing to uninterrupted video sessions. Any disconnection attributed to her would render the evidence invalid. The trial court retains the authority to impose additional measures to safeguard the proceedings.
This decision is rooted in the application of Rule 18 of the Video Conferencing Rules, which allows the High Court to relax rules causing undue hardship, balancing procedural requirements with equitable justice.
The judgment also directed the VI Additional District and Sessions Judge, Bengaluru Rural, to expedite the probate proceedings, ideally concluding them within three months. This directive aims to alleviate the prejudice faced by Gupta due to delays, enabling her to benefit from the property bequeathed by her husband.
Gupta's case highlights the evolving judicial approach in accommodating technological advancements and the practical realities faced by litigants residing abroad. The Karnataka High Court's decision sets a precedent for similar cases, emphasizing the judiciary's role in adapting procedural rules to ensure justice is accessible and fair.
Bottom line:-
Video Conferencing Rules - High Court has the power to relax the requirement for a remote point coordinator and routing through the Indian Embassy for recording evidence via video conferencing in probate proceedings, subject to safeguards ensuring the fairness and integrity of the process.
Statutory provision(s): Indian Succession Act, 1925 Section 276, Civil Procedure Code, 1908 Order XXVI Rule 5, Section 151, Rules for Video Conferencing for Courts Rule 5.3.1, Rule 18
Rekha Gupta v. Nil, (Karnataka) : Law Finder Doc id # 2938060
