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 woman, a US green card holder, to give evidence via video link from her residence in the United States, waiving the standard requirement to appear at an Indian Embassy or consulate. The decision came on her plea to expedite an uncontested probate petition for her late husband's will, which has been pending for over a year due to procedural hurdles.

Justice M. Nagaprasanna, hearing the matter, noted that the woman's age and the uncontested nature of the petition justified the relaxation. The court's usual virtual hearing guidelines mandate that witnesses depose from an Indian mission abroad to ensure authenticity, but the judge found this impractical given her health and the delays already incurred.

The petitioner's counsel argued that forcing her to travel to an embassy would cause undue hardship and further postpone the probate proceedings. The court accepted this, directing that the evidence be recorded under the supervision of a court-appointed commissioner, with safeguards to verify her identity and ensure the deposition's integrity.

The ruling is expected to set a precedent for similar cases involving elderly or infirm witnesses residing overseas, particularly in uncontested matters where the primary goal is to avoid unnecessary litigation. The probate petition, filed to execute the will of her late husband, who died intestate, will now proceed with her testimony taken remotely.

The court's order also emphasized that the relaxation should not be seen as a blanket waiver, but as a case-specific measure to balance procedural compliance with the interests of justice. The matter is listed for further proceedings next month.