SC stays Calcutta HC order requiring personal appearance of two persons


PTI, May 23, 2024, 1:57 PM IST

The Supreme Court has stayed an order of the Calcutta High Court which required personal appearance of two persons before it in a case arising out of marital discord, saying it was ”at loss” to comprehend why liberty was not granted to them to appear through virtual mode. The apex court noted the situation in the dispute before the high court prima facie was not such so as to call for personal presence of both the persons, one of whom is ailing, by taking an arduous journey from Mumbai despite his medical condition.

A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma said if the high court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through virtual mode ought to have been made. ”We are also at loss to comprehend as to why despite the advancement of science and technology and with the introduction of facilities for virtual hearing in the high courts, the court did not consider it desirable to grant liberty to the two petitioners to appear before it through the virtual mode,” the top court said in its order passed on May 20.

The bench was hearing a plea against the May 14 order of the high court requiring personal appearance of both the persons. The apex court observed it has failed to comprehend the necessity of the high court’s direction insisting for personal presence of one of the petitioners’ despite being apprised that he was suffering from severe medical conditions.

”From the materials placed on record we find that not only did the petitioner no.2 undergo an organ transplant in the recent past, he is afflicted by other ailments too calling for a surgery thus making it inadvisable for him to travel to Kolkata for attending court proceedings physically,” it noted. The bench said the other petitioner had physically appeared before the high court on April 8 in deference to its earlier order, yet, she too has been ordered to be produced in court by the police without apparent justification. It said the high court order was bound to operate harshly against the petitioners. ”We expect the court to exercise restraint unless any party repeatedly acts in breach of its order to undermine its dignity, prestige and majesty, thereby attracting the contempt jurisdiction. Exercise of discretion judiciously could have prevented the proceedings from reaching this court,” the bench said. ”For the reasons aforesaid, we have no hesitation in staying operation of the order requiring the personal appearance of both the petitioners on May 22, 2024,” it said, while granting them liberty to appear before the high court through virtual mode.

It said an order passed in the matter by the high court on January 31 had noted the court’s desire to interact with the parties to the proceedings before it and with that in view, the parties were required to be present before it on April 8.

The apex court noted that on April 8, one of the petitioners was present before the high court physically while the other petitioner could not remain present due to medical issues which were duly brought to the attention of the high court.

It said the April 8 order of the high court recorded that the court ”insists the presence of the petitioner no.2 on the next date of hearing”, on May 14.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Budget 2024-25: Customs duty exemption on key cancer drugs to reduce cost

Karnataka HC grants bail to 2 accused in M M Kalburgi murder case

SC rules out cancellation, re-test of controversy-ridden NEET-UG 2024

Major fire on merchant navy ship off Karnataka coast extinguished, says Coast Guard

‘Kursi Bachao Budget,’ Rahul Gandhi slams Modi govt

Govt doubles Mudra loan limit to Rs 20 lakh to promote entrepreneurship

Protesters demand dismissal of MCC Commissioner following Lokayukta raid

Related Articles More

Budget 2024-25: Customs duty exemption on key cancer drugs to reduce cost

IAS officer’s wife ends life, claims innocence in cases registered in Tamil Nadu in letter

Odisha: Man sentenced to 10 years in jail for raping woman

SC rules out cancellation, re-test of controversy-ridden NEET-UG 2024

Budget allocation to Delhi stagnates at Rs 1,168 crore; Atishi slams Centre

MUST WATCH

Brahma Kumaris

Tapta Mudra Dharana

Banana Farming

Aghnashini River

Dr. Rajkumar


Latest Additions

Air India Express inaugurates its maiden international flight from Bengaluru to Abu Dhabi

IIT Bombay develops method to optimise components in fuel cell electric vehicles

Budget 2024-25: Customs duty exemption on key cancer drugs to reduce cost

Actor Darshan develops a fever in jail

IAS officer’s wife ends life, claims innocence in cases registered in Tamil Nadu in letter

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.