Smti. Punam Das vs Hira Nayak
2022 Latest Caselaw 1833 Gua

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GAHC010009442022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Tr.P.(C)./14/2022

             SMTI. PUNAM DAS
             W/O- HIRA NAYAK, D/O- SRI UPENDRA DAS, R/O- VILL.- JERAI
             THEKERAGURI, P.O. PANITOLA, P.S. CHABUA, DIST.- DIBRUGARH, ASSAM,
             PIN- 786183.



             VERSUS

             HIRA NAYAK
             S/O- LATE BIRKHE NAYAK, R/O- VILL.- HARIGAON (BORTAL), P.O.
             NIKAMUL SATRA, P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN- 784154.



Advocate for the Petitioner   : MR. R K BHATRA

Advocate for the Respondent : MR. S BISWAS


                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

27.05.2022

Heard Mr. A. Bhatra, learned counsel representing the petitioner as well as Mr. S. Biswas, learned counsel appearing for the respondent.

This is an application under Section 24 of the Code of Civil Procedure praying for transfer of T.S. (R) No. 93/2021 pending in the court of the Additional District Judge, Tezpur, Sonitpur to the court of the District Judge, Tezpur.

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The petitioner was married to the sole respondent. After marriage, marital disputes started to arise as a result of which the petitioner had left her matrimonial home. Now, she is residing at Dibrugarh with her parents. In the meantime, the respondent filed a suit seeking restitution of conjugal rights. The petitioner says that it is difficult for her to travel from Dibrugarh to Tezpur to attend the court proceeding on every date of hearing as she has no other safe place to stay at Tezpur. According to the petitioner, her problem is aggravated by the fact that she has a three year old minor child. Objecting to the prayer for transfer, Mr. Biswas has relied upon a decision of the Supreme Court that was rendered in Krishna Veni Nagam vs. Harish Nagam, reported in (2017) 4 SCC 150. Paragraph 18 of the said judgment is quoted as under:

" 18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:

(i) Availability of videoconferencing facility.

(ii) Availability of legal aid service.

(iii) Deposit of cost for travel, lodging and boarding in terms of Order 25 CPC.

(iv) E-mail address/phone number, if any, at which litigant from outstation may communicate."

Mr. Biswas submits that in such transfer petitions, the problems of the women are always given precedence but the men also have their own problems and that should also be given importance by the court. Further, Mr. Biswas has also submitted that the respondent is a small time employee of a bank and it will be difficult for him to go to Dibrubrah on each and every date. He might not get leave from his employer. He has also financial difficulties for travelling to Dibrugarh. Mr. Biswas submits that in such a situation video conferencing is the better way to dispose of a case.

After hearing both sides, this court is of the opinion that the submission of Mr. Biswas Page No.# 3/3

has force in it. I have decided to agree with Mr. Biswas. Therefore, the District Judges of Sonitpur, Tezpur as well as Dibrubarh are directed to arrange for video conferencing so that the matrimonial proceeding TS (R) No. 93/2021 pending in the court of the Additional District Judge, Sonitpur, Tezpur can be disposed of. The District Judges are at liberty to use the services of the District Legal Services Authority for video conferencing. In that case, the District Legal Services Authority in both the districts shall take necessary steps for calling the parties to have video conferencing.

With the aforesaid direction, the present transfer petition stands disposed of. The copies of this order be served upon the District Judges of Sonitpur, Tezpur as well as Dibrugarh.

JUDGE

Comparing Assistant