Legal Question in Family Law in India

Re: Recording Evidence

The court in India on the request of either spouse or suo motto appoint any person as a Local Commissioner for the purpose of recording the evidence. There are precedent, (not in matrimonial dispute) where the court have appointed lawyer to go to USA to record evidence. But it is the discretion of the court whether or not to grant such permission.

Re: Recording Evidence

The Indian Ambassador in USA has no jurisdiction over any legal proceedings in India, unless so authorised by a court.

Generally speaking, The court may issue a commision and appoint a commisioner for recording evidence and/or examination of such person residing at any place outside India (vide Order 26 Rule 5 read with Order 18 Rule 4 of the Code of Civil Procedure)

Since proceedings under the Hindu Marriage Act, 1955 are also governed by the provisions of the said Code of Civil Procedure, an application for appointment of a commisioner may be made in the court where the divorce petition has ben filed.