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TMI Blog2017 (3) TMI 1900X X X X Extracts X X X X X X X X Extracts X X X X ..... sband if proceedings are transferred on account of genuine difficulties faced by the wife. The husband may find it difficult to contest proceedings at a place which is convenient to the wife. Thus, transfer is not always a solution acceptable to both the parties. It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is convenient to both the parties. We understand that in every district in the country video conferencing is now available, In any case, wherever such facility is available, it ought to be fully utilized and all the High Courts ought to issue appropriate administrative instructions to regulate the use of video conferencing for certain category of cases. Matrimonial cases where one of the parties resides outside court's jurisdiction is one of such categories. Wherever one or both the parties make a request for use of video conference, proceedings may be conducted on video conferencing, obviating the needs of the party to appear in person. Thus, it is directed that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act at Jabalpur. According to the Petitioner, who is the wife of the Respondent, she will face acute hardship in contesting the proceedings at Jabalpur as she is living at Hyderabad. The marriage took place at Hyderabad. The Petitioner has to look after her minor daughter who is living with her. Undoubtedly Under Section 19 of the Hindu Marriage Act, the petition of the present nature could be filed at the place where the marriage is solemnized or the Respondent, at the time of the presentation of the petition, resides or where the parties to the marriage last resided together or where the wife is residing on the date of the presentation of the petition, in case she is the Petitioner or in certain situations (as stipulated in Clause iv) where the Petitioner resides. This Court is flooded with petitions of this nature and having regard to the convenience of the wife transfer is normally allowed. However, in the process the litigants have to travel to this Court and spend on litigation. Question is whether this can be avoided? We are of the view that if orders are to be passed in every individual petition, this causes great hardship to the litigants who have to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 436; Soma Choudhury v. Gourab Choudhaury (2004) 13 SCC 462; Rajesh Rani v. Tej Pal (2007) 15 SCC 597; Vandana Sharma v. Rakesh Kumar Sharma (2008) 11 SCC 768; and Anju Ohri v. Varinder Ohn (2007) 15 SCC 556.. 8. Of course in some cases, it was observed that instead of proceedings being transferred, the husband should pay travel, lodging and boarding expenses of the wife and/or person accompanying for each hearing Premlata Singh v. Rita Singh (2005) 12 SCC 277. This trend has also been followed in other matrimonial disputes, including guardianship dispute, etc. Gana Saraswathi v. H. Raghu Prasad (2000) 10 SCC 277 9. Spirit behind the orders of this Court in allowing the transfer petitions filed by wives being almost mechanically allowing is that they are not denied justice on account of their inability to participate in proceedings instituted at a different place on account of difficulty either on account of financial or physical hardship. Our Constitutional scheme provides for guaranteeing equal access to justice, Article 39A of the Constitution of India, 1950, power of the State to make special provisions for women and children, Article 15(3) of the Constitution of Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lable in exceptional cases where the wife is employed and the husband is unemployed or where the husband suffers from physical or other handicap or is looking after the minor child. Even though we are unable to give such interpretation in the face of plain language of statute to the contrary and it is for the legislature to make such suitable amendment as may be considered necessary, we are certainly inclined to issue directions in the interest of justice consistent with the statute. 12. Mr. Nadkarni, learned Addl. Solicitor General has suggested that it will be appropriate to give some directions to meet the situation. He submitted that paramount consideration in dealing with the issue ought to be the interest of justice and not mere convenience of the parties. Thus, where husband files a petition at a place away from the residence of the wife, the husband can be required to bear travel and incidental expenses of the wife, if it is so considered appropriate in the interest of justice. At the same time, if the husband has genuine difficulty in making the deposit, proceedings can be conducted by video conferencing. At least one court room in every district court ought to be equ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rum in which the case could be more suitably tried. Though these observations have been made in the context of granting anti suit injunction, the principle can be followed in regulating the exercise of jurisdiction of the court where proceedings are instituted. In a civil proceeding, the Plaintiff is the dominus litis but if more than one court has jurisdiction, court can determine which is the convenient forum and lay down conditions in the interest of justice subject to which its jurisdiction may be availed, Kusum Ingots Alloys Ltd. v. Union of India and Anr. (2004) 6 SCC 254 para 30. 14. One cannot ignore the problem faced by a husband if proceedings are transferred on account of genuine difficulties faced by the wife. The husband may find it difficult to contest proceedings at a place which is convenient to the wife. Thus, transfer is not always a solution acceptable to both the parties. It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is convenient to both the parties. We understand that in every district in the country video conferencing is now available, In any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice. 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 video conferencing facility. ii) Availability of legal aid service. iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV Code of Civil Procedure. iv) E-mail address/phone number, if any, at which litigant from out station may communicate. 19. We hope the above arrangement may, to an extent, red ..... X X X X Extracts X X X X X X X X Extracts X X X X
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