'Appear Through Virtual Mode Before Trial Courts': Orissa High Court Tells Parties Seeking Transfer Of Matrimonial Cases
The Orissa High Court has asked the parties in a matrimonial dispute to appear before the trial Courts through virtual mode instead of seeking transfer of cases from one territorial jurisdiction to another.Turning down the request of a husband to transfer cases from the place of residence of his wife, the Bench of Justice Sanjay Kumar Mishra observed –“...this Court is of the view...
The Orissa High Court has asked the parties in a matrimonial dispute to appear before the trial Courts through virtual mode instead of seeking transfer of cases from one territorial jurisdiction to another.
Turning down the request of a husband to transfer cases from the place of residence of his wife, the Bench of Justice Sanjay Kumar Mishra observed –
“...this Court is of the view that interest of justice will be best served, if the parties, who are either stationed or serving at different places, are permitted to appear through virtual mode before the concerned Courts.”
Case Background
The opposite party-wife filed cases under Section 12 of the Protection of Women from Domestic Violence Act (PWDV Act) and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) against his petitioner-husband (and in-laws) before the Courts of JMFC (City), Balasore and Judge, Family Court, Balasore respectively.
The husband, by filing two transfer petitions under Section 447 of the BNSS, sought to transfer both the cases from Balasore to Cuttack. In the petition under Section 12 of the PWDV Act, the wife not only implicated the husband but also her parents-in-law and other distant in-laws. Thus, it was argued on behalf of the petitioners that it would be highly inconvenient for them to travel all the way to Balasore for hearing.
The petitioner-husband further took the plea that he is serving as a doctor in a Government Hospital in the district of Deogarh. Therefore, it is not possible for him to travel every time to Balasore as he does not get necessary permission from his authorities to take leaves to attend Court hearings. He also apprehended danger to his life in Balasore as his mother-in-law had criminal antecedent.
However, the opposite party-wife opposed such contentions by showcasing her own predicaments. She submitted that due to continued harassment and attempt to murder by her in-laws, she had to leave her matrimonial home after which she is residing with her parents and financially dependent on them. Furthermore, due to an interim stay put by the High Court on the trial proceedings, she has not received any interim maintenance rendering her even more vulnerable.
Convenience of wife must be looked at
After giving a thoughtful consideration to arguments raised by both the sides, the Court reiterated the fundamental principle followed in matrimonial transfer cases.
“Law is well settled that, while dealing with application for transfer of matrimonial cases, the Court has to examine various factors and most important factor is the convenience of wife.”
It also cited the judgment of the Apex Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 LiveLaw (SC) 627 wherein it was held that the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties. Besides that, the wife's convenience must be looked at while considering transfer.
Virtual appearance instead of transfer of cases
Justice Mishra took note of the fact that the wife has no source of income, who is currently residing with her parents. Moreover, he acknowledged that she has not received a penny in interim maintenance due to a stay on the proceedings by the High Court. Thus, he was not inclined to entertain the transfer petitions filed by the petitioners which are likely to have negative ramifications on the wife.
To balance the interests of both the sides, the Court advised the parties to explore the option of virtual appearance before the trial Courts instead of in-person appearance or transfer of cases from one jurisdiction to the other.
“Both the Courts are further requested to allow the parties to appear through virtual mode following due procedure as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020. However, on the dates of effective hearing i.e for examination and cross-examination of witnesses, so also for other purposes, if so required and ordered by the concerned Court, the parties shall remain physically present before the Courts at Balasore,” it ordered.
Case Title: CP & Ors. v. JD
Case No: TPCRL Nos. 98 & 99 of 2024
Date of Judgment: July 07, 2025
Counsel for the Petitioners: Mr. Pranaya Swain, Advocate
Counsel for the Opposite Party: In person
Citation: 2025 LiveLaw (Ori) 91