Karnataka HC Allows US Green Card Holder to Depose via Video in Late Husband’s Will Case

The Karnataka High Court has allowed a 71-year-old US green card holder to give evidence via video link from her residence, waiving the standard requirement to appear at an Indian Embassy or consulate. The decision came in response to a petition seeking to record her testimony remotely in an uncontested probate case for her late husband's will.

The woman, who has been living in the United States, had faced procedural hurdles for over a year as the court's virtual hearing guidelines typically mandate that witnesses depose from an Indian mission abroad. Her counsel argued that traveling to an embassy would cause undue hardship given her age and the straightforward nature of the case.

Justice M. Nagaprasanna, presiding over the matter, accepted the plea and directed that the evidence be recorded via videoconference from her home, with safeguards in place to ensure authenticity. The court noted that the probate petition was uncontested, making the relaxation of rules proportionate to the circumstances.

The ruling is expected to expedite the probate proceedings, which had been stalled due to the procedural impasse. Legal experts say the order could set a precedent for other elderly or infirm witnesses residing abroad in similar civil disputes.

The case will now proceed with the woman's deposition scheduled through the virtual platform, after which the court will hear final arguments on the probate petition.